19930757 Ver 1_COMPLETE FILE_19930909

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
APPROVAL of 401 Water Quality Certification
Mr. Greg Floyd
Floyd Properties
5416 Raeford Road
Fayetteville, N.C. 28304
Dear Mr. Floyd:
ID?HNR
May 23, 1994
Cumberland County
DEM Project # 93757
COE # 1.99304685
You have our approval to place fill material in 0.62 acres of wetlands or waters for
the purpose of residential lot fill at Middleton subdivision, as you described in your
application dated 14 April, 1994. After reviewing your application, we have decided that
this fill is covered by General Water Quality Certification Number 2671. This certification
allows you to use Nationwide Permit Number 26 when it is issued by the Corps of
Engineers.
This approval is only valid for the purpose and design that you described in your
application. If you change your project, you must notify us and you may be required to
send us a new application. For this approval to be valid, you must follow the conditions
listed in the attached certification. In addition, you should get any other federal, state or
local permits before you go ahead with your project.
If you do not accept any of the conditions of this certification, you may ask for an
adjudicatory hearing. You must act within 30 days of the date that you receive this letter.
To ask for a hearing, send a written petition which conforms to Chapter. 150B of the
North Carolina General Statutes to the Office of Administrative Hearings, P.O. Box
27447, Raleigh, N.C. 27611-7447, This certification and its conditions are final and
binding unless you ask for a hearing.
This letter completes the review of the Division of Environmental Management under
Section 401 of the Clean Water Act. If you have any questions, please telephone John
Dorney at 919-733-1786.
Sincerer_
\? P? rL_1! c
reston Howard, Jr. E.
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ttachment i,
cc: Wilmington District Corps of Engineers
Corps of Engineers Wilmington Field Office
Fayetteville DEM Regional Office
Mr. John Dorney
Central Files
93757.1tr
P.O. Box 29535, Raleigh, North Carolina 27626-0535 Telephone [phone] FAX [phone]
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RE: Greg Floyd (Middleton Subdivision) Project
DEM #93757, COE #199202845, Cumberland County, NC
Dear Mr. Dorney,
I am responding to your letter of October 26, 1993 concerning the 401
certification for Greg Floyd's property in Middleton Plantation on the
southwest side of Fayetteville, NC in Cumberland County.
Attached is the subdivision map for Middleton Plantation in Cumberland County,
NC showing the revised PDN request. Our original permit application requested
3.36 acres after-the-fact for existing impacts and was approved by the COE.
Our request for 2.73 acres of additional impacts was not granted, hence we are
reducing the proposed additional impacts to 0.62 acres.
The impacts will be used on lots 5, 13, 14, 15 and 31 to obtain buildable
sites in the pre-existing subdivision. Wetland acreage on the other lots, 2,
3, 16, 28, 29 and 30 will not be impacted. If a net balance of impacts to the
2.34 acre wetlands system, as existed when the permit compliance process
began, is computed the effect of this reduced request is to preserve
approximately 74 percent of the system to capture surface flow and serve in a
filtrative capacity. We feel this revised request is more in keeping with the
desire to have a minimal impact on the aquatic environment. The remaining
wetlands onsite would continue to provide large contiguous areas for natural-
state functions. Lots 2, 3, 28 and 29 already have wetlands plant species
growing on the restored areas. Of the onsite lots, thirteen have either 404
wetlands or drain directly into wetland systems on adjacent lots that are
unaltered. The proposed 404 fill would impact six lots either having 404
wetlands or draining directly into wetland systems proposed for filling on
adjacent lots.
Thank you for your assistance and should you have further questions, please
advise.
Respectfully,
G. CraigS Turner
Certified Professional
Soil Scientist, # 1885
Enclosures: 2 maps
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DEPARTMENT OF THE ARMY t
WILMINGTON DISTRICT, CORPS OF ENGINEERS NUV 2 2
P.O. BOX 1890
WILMINGTON, NORTH CAROLINA 28402-1890
November 12, 1993 WETLANDS GROUB?-
rfITCD flI lIl Irv QEPTII,^?
IN REPLY REFER TO
Regulatory Branch
ACTION ID: 199304685
Mr. Greg Floyd
Floyd Properties
5416 Raeford Road
Fayetteville, North Carolina 28304
Dear Mr. Floyd:

/old
Please reference your application received September 20, 1993, requesting
after-the-fact authorization to fill 3.36 acres of wetlands in the Middleton
Plantation Subdivision, on the north side of Lakewood Drive, above the headwaters
of Rockfish Creek, Cumberland County, North Carolina., According to the
application, you are also requesting authorization pursuant to Nationwide Permit
#26 to fill an additional 2.73 acres of wetlands to complete the residential
development.
The proposed discharge has been evaluated to determine whether the activity
complies with the terms and conditions of Nationwide Permit Number 26 for
discharges impacting between 1 to 10 acres of headwater wetlands.
The wetlands at the project site are visibly connected to Little Rockfish
Creek and are typical of pocosin and stream head pocosin habitat. These wetlands
provide a number of benefits to receiving waters including reducing stormwater
runoff, the attenuation of high water temperatures associated with runoff during
summer storm events, sediment and pollutant removal, nutrient transformation and
uptake leading to improvements in water quality, and valuable wildlife habitat
for various species of birds, mammals, and reptiles. It is our position that the
natural state functions of the remaining wetlands in the subdivision, as stated
above, provide important water quality benefits to Little Rockfish Creek that
would be adversely impacted by further development of this wetland system.
Based on the above, we have determined that an additional 2.73 acres of
impacts to project area wetlands will have greater than a greater minimal impact
to the aquatic environment. Should you wish to pursue Department of the Army
(DOA) authorization, you have the option of either applying for an individual
permit or modifying your Nationwide permit proposal to minimize impacts as
discussed above.
Your after-the-fact request for the 3.36 acres of fill that was placed in
wetlands prior to your purchase of the property is authorized by Nationwide
Permit #26 provided it is accomplished in strict accordance with the enclosed
conditions. This authorization does not relieve you of the responsibility to
obtain any required State or local approval.
material into headwaters and isolated waters provided:
For the purposes of the Corps of Engineers' Regulatory Program, Title 33, Code
of Federal Regulations (CFR), Part 330.6, published in the Federal Register on
November 22, 1991, lists nationwide permits. Authorization was provided,
pursuant to Section 404 of the Clean Water Act, for discharges of dredged or fill
a. the discharge does not cause the loss of more than 10 acres of waters of
the United States;

-2-
b. the permittee notifies the District Engineer if the discharge would cause
the loss of waters of the United States greater than one acre in accordance with
the "Notification" general condition. For discharges in special aquatic sites,
including wetlands, the notification must also include a delineation of affected
specific aquatic sites, including wetlands; and
c. the discharge, including all attendant features, both temporary and
permanent, is part of a single and complete project.
This verification will be valid for two years from the date of this letter
unless the nationwide authorization is modified, reissued or revoked. Also, this
verification will remain valid for the two years if, during that period, the
nationwide permit authorization is reissued without modification or the activity
complies with any subsequent modification of the nationwide permit authorization.
If during the two years, the nationwide permit authorization expires or is
suspended or revoked, or is modified, such that the activity would no longer
comply with the terms and conditions of the nationwide permit, activities which
have commenced (i.e., are under construction) or are under contract to commence
in reliance upon the nationwide permit will remain authorized provided the
activity is completed within twelve months of the date of the nationwide permit's
expiration, modification or revocation, unless discretionary authority has been
exercised on a case-by-case basis to modify, suspend or revoke the authorization.
Should you have any questions or comments regarding this matter, please
contact Mr. Scott McLendon of my staff in the Wilmington Regulatory Field Office,
Post Office Box 1890, Wilmington, North Carolina, 28402 or telephone (919) 251-
4725.
Sincerely,
G. Wayne Wright
Chief, Regulatory Branch
Copies Furnished:
John Dorney
Water Quality Section
Division of Environmental Management
North Carolina Department of
Environment, Health and
Natural Resources
Post Office Box 29535
Raleigh, North Carolina 27626-0535
U.S. Fish and Wildlife Service
Fish and Wildlife Enhancement
Post Office Box 33726
Raleigh, North Carolina 27636-3726
Mr. Craig Turner
The Land Management Group, Inc
Post Office Box 2522
Wilmington, North Carolina 28402
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
October 26, 1993
Mr. Craig Turner
Land Management Group, Inc.
P.O. Box 2522
Wilmington, N.C. 28402
Dear Mr. Turner:
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Re: Greg Floyd (Middleton Subdivision) Project
DEM #93757, COE #199202845
Cumberland County
As we discussed on-site on 21 October 1993, DEM will require
additional information before we can take action to approve the
401 Certification. As we discussed we need information on the
two following items:
1.) _ On-site stormwater control. We discussed the need for
a wet detention pond to manage runoff from the subdivision.
Since all wetlands on site will have been removed, their
filtering capacity must be replaced in order to protect
downstream uses (15A NCAC 2B. 0203). A pond on lot 48 or
immediately off-site would be acceptable.
2.) Wetland mitigation. The remaining wetlands on the site
are highly fragmented by roads and houses. Undoubtably the
intact system provided significant uses such as water storage,
pollutant removal and wildlife habitat. Due to the peculiarities
of this situation, DEM will be able to accept the proposed
additional 2.73 acres of fill if adequate wetland mitigation is
present. A mitigation area of about 3 acres would be acceptable
to DEM. This mitigation should be along a stream where the lost
uses listed above would be replaced. I also urge you to
coordinate mitigation with the COE since their requirements may
be different.
Please advise as to your progress on the site. I can be
reached at 919-733-1786.
Sincer ly,
Joh R. Dorney
Wetlands Techn al Review Group
cc: Ken Averitte, FRO
Scott McLendon,COE
P.O. Box 29535, Raleigh, North Carolina 27626-0535 Telephone [phone] FAX [phone]
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Division of Environmental Management James B, Hunt, Jr., Governor
Jonathan B, Howes, Secretary
A. Preston Howard, Jr., P.E., Director
October 7, 1993
Mr. Greg Floyd
c/o Floyd Properties
5416 Raeford Road
Fayetteville, N.C. 28304
Project # 93757
Dear Mr. Floyd:
The Division of Environmental Management, Water Quality Section
has reviewed your plans for wetland fill for 6.09 acres of wetlands at
Middleton Plantation in Cumberland County for residential development.
Based on this review, we have identified significant uses which would
be removed by this project. These uses are water storage and
pollutant removal and impacts on downstream water qualtity. Also
since this was an after-the-fact activity, our review procedures as
outlined in 15ANCAC 2B.0109 were not followed. 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 without
fill for residential lots? 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 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. 28301.
Sincerely,
John R. Dorney
Wetlands and Technical Review Group
93757.na
cc: Fayetteville DEM Regional Office
Wilmington Office Corps of Engineers
Central Files
Craig Turner; Land Management Group
P.O. Box 29535, Raleigh, North Carolina 27626-0535 Telephone [phone] FAX [phone]
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DIVISION OF ENVIRONMENTAL MANAGEMENT
October 5, 1993
MEMORANDUM
To: John Dorney
Water Quality ngional ing
Through: Kerr T. Steven Supervisor
Fayetteville Regional Office
From: Ken Averitte
Subject: WQ Certification No. 0000757
Greg Floyd - Middleton Subdivision
Cumberland County
After further consideration and discussion concerning the subject
project, the regional office requests that the original staff report be
amended to include the following requirement:
"The applicant shall mitigate the loss of wetland functions by, at
a minimum, designing and installing a stormwater treatment system
acceptable to the Water Quality Planning Branch of the Division of
Environmental Management. Enhancement of the existing wetland area
around the downstream drainage system may be considered as an option."
This requirement, if effectively carried out, should at least
partially replace some of the wetland functions removed by the
installation of streets and storm sewers. Downstream uses should
certainly be somewhat better preserved. Given the acreage of wetlands
being lost, regardless of the point rating value, and the residential
development taking place, this does not appear to be an unreasonable
request.
If you have questions concerning this matter, or if this office can
be of assistance, please advise.
DEM ID: q3?5 ACTION ID:
NATIONWIDE PERMIT REQUESTED (PROVIDE NATIONWIDE PERMIT #); 14
JOINT FORM FOR
NATIONWIDE PERMITS THAT REQUIRE NOTIFICATION TO THrs CORPS OF ENGINEERS
NATIONWIDE PERMITS THAT REQUIRE APPLICATION FOR SECTION 401 CERTIFICATION
WILMINGTON DISTRICT ENGINEER
CORPS OF ENGINEERS
DEPARTMENT OF THE ARMY
P.O. BOX 1890
WILMINGTON, NC 28402-1890
ATTN. CESAW-CO-E
Telephone [phone]
WATER QUALITY PLANNING
DIVISION OF ENVIRONMENTAL MANAGEMENT
NC DEPARTMENT OF ENVIRONMENT, HEALTH,
AND NATURAL RESOURCES
P.O. BOX 29535
RALEIGH, NC 27626-0535
ATTN: MR. JOHN DORNEY
Telephone [phone]
ONE (1) COPY OF THIS COMPLETED APPLICATION SHOULD BE SENT TO THE CORPS OF
ENGINEERS. SEVEN (7) COPIES SHOULD BE SENT TO THE N.C. DIVISION OF
ENVIRONMENTAL MANAGEMENT. PLEASE PRINT.
1. OWNERS NAME: GREG FLOYD
2. OWNERS ADDRESS: c/o FLOYD PROPERTIES
3. OWNERS PHONE NUMBER (HOME);
(WORK) : 919-424-0207
4. IF APPLICABLE: AGENT'S NAME OR RESPONSIBLE CORPORATE OFFICIAL,ADDRESS,
PHONE NUMBER:
P.O.BOX 2522
5. LOCATION OF WORK (MUST ATTACH MAP): COUNTY:
NEAREST TOWN OR CITY:
SPECIFIC LOCATION ('INCLUDE ROAD NUMBERS, LANDMARKS, ETC.):
NORTH SIDE OF LAKEWOOD DRIVE
6. NAME OF CLOSEST STREAM/RIVER: ,LITTLE ROCKFISH CREEK
7. RIVER BASIN: PE FEAR RIVEL
8. IS THIS PROJECT LOCATED IN A WATERSHED CLASSIFIED AS TROUT, SA, HQ, ORW,
WS I, OR WS II? YES [ ] NO [X]
9. HAVE ANY SECTION 404 PERMITS BEEN PREVIOUSLY REQUESTED FOR USE ON THIS
PROPERTY? YES [ ] NO [X]
IF YES, EXPLAIN.
10. ESTIMATED TOTAL NUMBER OF ACRES OF WATERS OF THE U.S., INCLUDING
WETLANDS, LOCATED ON PROJECT SITE:
7/8/92
-2-
11. NUMBER OF ACRES OF WATERS OF THE U.S., INCLUDING WETLANDS, IMPACTED BY
THE PROPOSED PROJECT:
FILLED: 0.23
DRAINED:
12. DESCRIPTION OF PROPOSED WORK (ATTACH PLANS):
RERMIT EXISTING ROAD SYSTEM FOR 200FT._
13. PURPOSE OF PROPOSED WORK): PERMIT EXISTING ROAD IN 404 WETLANDS`
14. STATE REASONS WHY THE APPLICANT BELIEVES THAT THIS ACTIVITY MUST BE
CARRIED OUT IN WETLANDS. ALSO, NOTE MEASURES TAKEN TO MINIMIZE WETLAND
IMPACTS. THE ROADS ARE INSTALLED AND HAVE EXISTING HOMES
15. YOU ARE REQUIRED TO CONTACT THE U.S. FISH AND WILDLIFE SERVICE (USFWS)
AND/OR NATIONAL MARINE FISHERIES SERVICE (NMFS) REGARDING THE PRESENCE OR
ANY FEDERALLY LISTED OR PROPOSED FOR LISTING ENDANGERED OR THREATENED
SPECIES OR CRITICAL HABITAT IN THE PERMIT AREA THAT MAY BE AFFECTED BY THE
PROPOSED PROJECT. HAVE YOU DONE SO? YES [X] NO [ ]
RESPONSE FROM THE SHPO SHOULD BE FORWARDED TO THE CORPS.
16. YOU ARE REQUIRED TO CONTACT THE STATE HISTORIC PRESERVATION OFFICER
(SHPO) REGARDING THE PRESENCE OF HISTORIC PROPERTIES IN THE PERMIT AREA
WHICH MAY BE AFFECTED BY THE PROPOSED PROJECT?
HAVE YOU DONE SO? YES [X] NO [ )
RESPONSE FROM THE SHPO SHOULD BE FORWARDED TO CORPS.
17. ADDITIONAL INFORMATION REQUIRED BY DEM:
A. WETLAND DELINEATION MAY SHOWING'ALL WETLANDS, STREAMS, AND LAKES ON
THE PROPERTY.
B. IF AVAILABLE, REPRESENTATIVE PHOTOGRAPH OF WETLANDS TO BE IMPACTED BY
PROJECT.
C. IF DELINEATION WAS PERFORMED BY A CONSULTANT, INCLUDE ALL DATA SHEETS
RELEVANT TO THE PLACEMENT OF THE DELINEATION LINE.
D. IF A STORMWATER MANAGEMENT PLAN IS REQUIRED FOR THIS PROJECT, ATTACH
COPY.
E. WHAT IS LAND USE OF SURROUNDING PROPERTY? FOREST & RESIDENTIAL
F. IF APPLICABLE, WHAT IS PROPOSED METHOD OF SEWAGE DISPOSAL?
PUBLIC SEWER
CRAIG TURNER gust 23. 1993
OWNER/AGENT'S NAME DATE
DEM ID: -/? /6 `1 ACTION ID:
NATIONWIDE PERMIT REQUESTED (PROVIDE NATIONWIDE PERMIT
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
CORPS OF ENGINEERS
DEPARTMENT OF THE 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,
AND NATURAL RESOURCES
P.O. BOX 29535
RALEIGH, NC 27626-0535
ATTN: MR. JOHN DORNEY
Telephone [phone]
ONE (1) COPY OF THIS COMPLETED APPLICATION SHOULD BE SENT TO THE CORPS OF
ENGINEERS. SEVEN (7) COPIES SHOULD BE SENT TO THE N.C. DIVISION OF
ENVIRONMENTAL MANAGEMENT. PLEASE PRINT.
1. OWNERS NAME: GREG FLOYD
2. OWNERS ADDRESS: c/o FLOYD PROPERTIES
416 RAEFORD RD
LE, NC 28304
3. OWNERS PHONE NUMBER (HOME);
(WORK) : 919-424-0207_
4. IF APPLICABLE: AGENT'S NAME OR RESPONSIBLE CORPORATE OFFICIAL,ADDRESS,
PHONE NUMBER:
P.O.BOX 2522
NC 28402
5. LOCATION OF WORK (MUST ATTACH MAP)'. COUNTY:
NEAREST TOWN OR CITY:
SPECIFIC LOCATION (INCLUDE ROAD NUMBERS, LANDMARKS, ETC.):
6. NAME OF CLOSEST STREAM/RIVER:
7. RIVER BASIN: CAPE FEAR RIN
8. IS THIS PROJECT LOCATED IN A WATERSHED CLASSIFIED AS TROUT, SA, HQ, ORW,
WS I, OR WS II? YES [ ] NO [X]
9. HAVE ANY SECTION 404 PERMITS BEEN PREVIOUSLY REQUESTED FOR USE ON THIS
PROPERTY? YES [X] NO [
IF YES, SXDLAIN. NWD 14 REQUESTED FOR ROAD
10. ESTIMATED TOTAL NUMBER OF ACRES OF WATERS OF THE U.S., INCLUDING
WETLANDS, LOCATED ON PROJECT SITE:
7/8/92
-2-
11. NUMBER OF ACRES OF WATERS OF THE U.S., INCLUDING WETLANDS, IMPACTED BY
THE PROPOSED PROJECT:
FILLED:
DRAINED: 5.86
12. DESCRIPTION OF PROPOSED WORK (ATTACH PLANS):
PERMIT LAND CLEARING, CONSTRUCTION AND ROADS IN WETLAND AREAS
13. PURPOSE OF PROPOSED WORK): PERMIT EXISTING GOADS & HOMES
14. STATE REASONS WHY THE APPLICANT BELIEVES THAT THIS ACTIVITY MUST BE
CARRIED OUT IN WETLANDS. ALSO, NOTE MEASURES TAKEN TO MINIMIZE WETLAND
IMPACTS. THE ROADS AND HOMES ARE ALREADY CONSTRUCTED
15. YOU ARE REQUIRED TO CONTACT THE U.S. FISH AND WILDLIFE SERVICE (USFWS)
AND/OR NATIONAL MARINE FISHERIES SERVICE (NMFS) REGARDING THE PRESENCE OR
ANY FEDERALLY LISTED OR PROPOSED FOR LISTING ENDANGERED OR THREATENED
SPECIES OR CRITICAL HABITAT IN THE PERMIT AREA THAT MAY BE AFFECTED BY THE
PROPOSED PROJECT. HAVE YOU DONE SO? YES [X) NO [ )
RESPONSE FROM THE SHPO SHOULD BE FORWARDED TO THE CORPS.
16. YOU ARE REQUIRED TO CONTACT THE STATE HISTORIC PRESERVATION OFFICER
(SHPO) REGARDING THE PRESENCE OF HISTORIC PROPERTIES IN THE PERMIT AREA
WHICH MAY BE AFFECTED BY THE PROPOSED PROJECT?
HAVE YOU DONE SO? YES [X] NO [ )
RESPONSE FROM THE SHPO SHOULD BE FORWARDED TO CORPS.
17. ADDITIONAL INFORMATION REQUIRED BAY DEM:
A. WETLAND DELINEATION MAY SHOWING'ALL WETLANDS, STREAMS, AND LAKES ON
THE PROPERTY.
B. IF AVAILABLE, REPRESENTATIVE PHOTOGRAPH OF WETLANDS TO BE IMPACTED BY
PROJECT.
C. IF DELINEATION WAS PERFORMED BY A CONSULTANT, INCLUDE ALL DATA SHEETS
RELEVANT TO THE PLACEMENT OF THE DELINEATION LINE.
D. IF A STORMWATER MANAGEMENT PLAN IS REQUIRED FOR THIS PROJECT, ATTACH
COPY.
E. WHAT IS LAND USE OF SURROUNDING PROPERTY? -FOREST & RESIDENTIAL
F. IF APPLICABLE, WHAT IS PROPOSED METHOD OF SEWAGE DISPOSAL?
PUBLIC SEWER
CRAIG TURNER august 23. 1993`
OWNER/AGENT'S NAME DATE
DEPARTMENT OF THE ARMY
WILMINGTON DISTRICT, CORPS OF ENGINEERS
P.O. BOX 1890
WILMINGTON, NORTH CAROLINA 28402.1890
July 27, 1993
IN HEFLY HEFLH IU
Regulatory Branch
Action ID: 199202845
Mr. Greg Floyd
5416 Raeford Road
Fayetteville, North Carolina 28304
Dear Mr. Floyd:

Please reference the letter dated May 10, 1993, from Mr. Craig Turner of
the Land Management Group. Inc., in which he requested clarification of your
permitting options pursuant to Section 404 of the Clean Water Act in the
Middleton Plantation Subdivision, above the headwaters of Rockfish Creek,
Cumberland County, North Carolina.
Regarding your position that you committed substantial resources towards
completion of the project as early as March 27, 1991, please note that the
regulation reads "...committed substantial resources in reliance on NWP 26..."
We do not feel this is relevant to your situation as it is stated there was
little enforcement and little public awareness of the 404 regulations in your
area. We conclude this to mean that you were not aware of the need for 404
permits and, therefore, could not have committed substantial development
resources based on the provisions of NWP 26.
All building permits enclosed with your letter were dated after January 21,
1992, the cut off date for committing substantial resources in reliance on NWP
26.. Again, we cannot accept your contention that these financial commitments on
your behalf exempt the Middleton subdivision from the current regulations in
effect for this permit.
On page 59143 of the Federal Register dated November 22, 1991, the
specific guidance regarding subdivisions created after October 5, 1984 is as
follows:
For any real estate subdivision created or subdivided after October 5,
1984, a notification pursuant to subsection b. of this nationwide permit is
required for any discharge which would cause the aggregate total loss of waters
of the United Sates for the entire subdivision to exceed one (1) acre.
For nationwide permit #26 to apply to each individual lot owner, Middleton
must be a pre-1984 subdivision, i.e., it must have received official approval
prior to October 5, 1984. According to the information provided to this office
by Mr. Turner, this subdivision was recorded in 1987 or-1988. Accordingly, any
further disturbance in the wetland area will require prior notification to this
office in the form of a Pre-Discharge Notification (copy enclosed). Your
application should indicate the total area of wetlands that have been filled for
construction of roads, curbs, gutters, etc, and impacts due to house
construction and landscaping of individual lots. The application should also
indicate proposed impacts to the remaining wetland area within the subdivision.
-2-
You should be aware that the necessary 401 Water Quality Certification from the
North Carolina Division of Environmental Management will need to be obtained or
waived in connection with this project. You should contact John Dorney at (919)
733-1786 regarding this certification.
If you have any questions about this, or any related matter, please do not
hesitate to contact Mr. McLendon, Wilmington Regulatory Field office, telephone
[phone].
Sincerely,
G. Wayne Wright
Chief, Regulatory Branch
Copies Furnished:
- . John Dorney
K-(.'
Water Quality Section
Division of Environmental Management
North Carolina Department of
Environment, Health and
Natural Resources
Post Office Box 27687
Raleigh, North Carolina 27611-7687
Mr. M. J. Noland, Regional Supervisor
North Carolina Department of Health,
Environment, Health and Natural Resources
Division of Environmental Management
Suite 714, Wachovia Building
Fayetteville, North Carolina 28301
Mr. Craig Turner
Land Management Group, Inc.
Post Office Box 2522
Wilmington, North Carolina 28402
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August 23, 1993
John Dorney
D.E.M.
P.O. Box 29535
Raleigh, N.C. 27626-0535
RE: 401 Certification to Disturb 5.86 Acres of Isolated Wetlands
for Greg Floyd, Cumberland County, NC
Dear Mr. Dorney,
I have enclosed seven (7) copies of a 401/PDN request to permit,
after-the-fact, for the placement of fill and/or disturbance of
approximately 5.86 acres of previously altered, wetlands. This
site was converted in 1988-89 to a subdivision. The wetland system
is isolated but drains through a canal to Little Rockfish Creek.
The tract is located in Middleton Plantation on the north side of
Lakewood Drive, on the S.W. side of Fayetteville, NC.in Cumberland
County.
The attached plat shows the breakdown of acreage by use: 1.38
acres in existing roads, 1.75 acres in existing private homes and
2.73 acres in vacant lots previously cleared. All areas of 404
wetlands have been significantly impacted by the installation of
french drains under the present road system.
Thank you for your assistance and should you have further
questions, please advise.
Y'sp tfully?f
G. Craig ?tzrner
Certified Professional
Soil Scientist, # 1885
Enclosure: 7 copies
cc: Scott McLendon - 1 copy
Greg Floyd - 1 copy
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August 23, 1993
John Dorney
D.E.M.
P.O. Box 29535
Raleigh, N.C. 27626-0535
RE: 401 Certification for NWP 14 for 0.23 Acres of Isolated
Wetlands for Greg Floyd, Cumberland County, NC
Dear Mr. Dorney,
I have enclosed seven (7) copies of a 401/NWP 14 request to permit,
after-the-fact, for the placement of fill and/or disturbance of
approximately 0.23 acres of previously altered, wetlands. This
site was converted in 1988-89 to a subdivision. The wetland system
is isolated but drains through a canal to Little Rockfish Creek.
The tract is located in Middleton Plantation on the north side of
Lakewood Drive, on the S.W. side of Fayetteville, NC.in Cumberland
County.
Thank you for your assistance
questions, please advise.
and should you have further
Respectful.,
G. Craig--')Turner
Certified Professional
Soil Scientist, # 1885
Enclosure: 7 copies
cc: Scott McLendon - 1 copy
Greg Floyd - 1 copy
DEM ID: , I_?r)5 11 ACTION ID:
NATIONWIDE PERMIT REQUESTED (PROVIDE NATIONWIDE PERMIT #);
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
CORPS OF ENGINEERS
DEPARTMENT OF THE 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,
AND NATURAL RESOURCES
P.O. BOX 29535
RALEIGH, NC 27626-0535
ATTN: MR. JOHN DORNEY
Telephone [phone]
ONE (1) COPY OF THIS COMPLETED APPLICATION SHOULD BE SENT TO THE CORPS OF
ENGINEERS. SEVEN (7) COPIES SHOULD BE SENT TO THE N.C. DIVISION OF
ENVIRONMENTAL MANAGEMENT. PLEASE PRINT.
1. OWNERS NAME: GREG FLOYD
OWNERS ADDRESS: c/o FLOYD PROPERTIES
416 RAEFORD RD
YETTEVILLE, NC 28304
OWNERS PHONE NUMBER (HOME);
(WORK) : 919-424-0207_
4. IF APPLICABLE: AGENT'S NAME OR RESPONSIBLE CORPORATE OFFICIAL,ADDRESS,
PHONE NUMBER: CRAIG TURNER
P.O.BOX 2522
WILMINGTON, NC 28402
5. LOCATION OF WORK (MUST ATTACH MAP)'. COUNTY:
NEAREST TOWN OR CITY: ELUTTEVIL"
SPECIFIC LOCATION (INCLUDE ROAD NUMBERS, LANDMARKS, ETC.):
-NORTH SIDE OF LAKEWOOD DRIVE
6. NAME OF CLOSEST STREAM/RIVER: ,TITTLE ROCKFISH CREEK
RIVER BASIN:
8. IS THIS PROJECT LOCATED IN A WATERSHED CLASSIFIED AS TROUT, SA, HQ, ORW,
WS I, OR WS II? YES [ ] NO [X]
9. HAVE ANY SECTION 404 PERMITS BEEN PREVIOUSLY REQUESTED FOR USE ON THIS
PROPERTY? YES [X] NO [ ]
IF YES, EXPLAIN. _NWP 14 REQUESTED FOR ROAD
10. ESTIMATED TOTAL NUMBER OF ACRES OF WATERS OF THE U.S., INCLUDING
WETLANDS, LOCATED ON PROJECT SITE:
7/8/92
-2-
11. NUMBER OF ACRES OF WATERS OF THE U.S., INCLUDING WETLANDS, IMPACTED BY
THE PROPOSED PROJECT:
FILLED:
DRAINED: 5.86
12. DESCRIPTION OF PROPOSED WORK (ATTACH PLANS):
PERMIT LAND CLEARING. CONSTRUCTION AND ROADS IN WETLAND AREAS
13. PURPOSE OF PROPOSED WORK): PERMIT EXISTING ROADS & HOMES
14. STATE REASONS WHY THE APPLICANT BELIEVES THAT THIS ACTIVITY MUST BE
CARRIED OUT IN WETLANDS. ALSO, NOTE MEASURES TAKEN TO MINIMIZE WETLAND
IMPACTS. THE ROADS AND HOMES ARE ALREADY CONSTRUCTED
15. YOU ARE REQUIRED TO CONTACT THE U.S. FISH AND WILDLIFE SERVICE (USFWS)
AND/OR NATIONAL MARINE FISHERIES SERVICE (NMFS) REGARDING THE PRESENCE OR
ANY FEDERALLY LISTED OR PROPOSED FOR LISTING ENDANGERED OR THREATENED
SPECIES OR CRITICAL HABITAT IN THE PERMIT AREA THAT MAY BE AFFECTED BY THE
PROPOSED PROJECT. HAVE YOU DONE SO? YES [X] NO [ ]
RESPONSE FROM THE SHPO SHOULD BE FORWARDED TO THE CORPS.
16. YOU ARE REQUIRED TO CONTACT THE STATE HISTORIC PRESERVATION OFFICER
(SHPO) REGARDING THE PRESENCE OF HISTORIC PROPERTIES IN THE PERMIT AREA
WHICH MAY BE AFFECTED BY THE PROPOSED PROJECT?
HAVE YOU DONE SO? YES [X] NO [ ]
RESPONSE FROM THE SHPO SHOULD BE FORWARDED TO CORPS.
17. ADDITIONAL INFORMATION REQUIRED BY DEM:
A. WETLAND DELINEATION MAY SHOWING'ALL WETLANDS, STREAMS, AND LAKES ON
THE PROPERTY.
B. IF AVAILABLE, REPRESENTATIVE PHOTOGRAPH OF WETLANDS TO BE IMPACTED BY
PROJECT.
C. IF DELINEATION WAS PERFORMED BY A CONSULTANT, INCLUDE ALL DATA SHEETS
RELEVANT TO THE PLACEMENT OF THE DELINEATION LINE.
D. IF A STORMWATER MANAGEMENT PLAN IS REQUIRED FOR THIS PROJECT, ATTACH
COPY.
E. WHAT IS LAND USE OF SURROUNDING PROPERTY? -FOREST & RESIDENTIAL
F. IF APPLICABLE, WHAT IS PROPOSED METHOD OF SEWAGE DISPOSAL?
PUBLIC SEWER
CRAIG TURNER August 23, 1993`,
OWNER/AGENT'S NAME DATE
DEM'ID: ' 0 5 0,5"7 ACTION ID:
NATIONWIDE PERMIT REQUESTED (PROVIDE NATIONWIDE PERMIT #); _14
JOINT FORM FOR
NATIONWIDE PERMITS THAT REQUIRE NOTIFICATION TO THR CORPS OF ENGINEERS
NATIONWIDE PERMITS THAT REQUIRE APPLICATION FOR SECTION 401 CERTIFICATION
WILMINGTON DISTRICT ENGINEER
CORPS OF ENGINEERS
DEPARTMENT OF THE ARMY
P.O. BOX 1890
WILMINGTON, NC 28402-1890
ATTN:. CESAW-CO-E
Telephone [phone]
WATER QUALITY PLANNING
DIVISION OF ENVIRONMENTAL MANAGEMENT
NC DEPARTMENT OF ENVIRONMENT, HEALTH,
AND NATURAL RESOURCES
P.O. BOX 29535
RALEIGH, NC 27626-0535
ATTN: MR. JOHN DORNEY
Telephone [phone]
ONE (1) COPY OF THIS COMPLETED APPLICATION SHOULD BE SENT TO THE CORPS OF
ENGINEERS. SEVEN (7) COPIES SHOULD BE SENT TO THE N.C. DIVISION OF
ENVIRONMENTAL MANAGEMENT. PLEASE PRINT.
1. OWNERS NAME: GREG FLOYD
2. OWNERS ADDRESS:
3. OWNERS PHONE NUMBER (HOME);
(WORK) : 919-424-0207
4. IF APPLICABLE: AGENT'S NAME OR RESPONSIBLE CORPORATE OFFICIAL,ADDRESS,
PHONE NUMBER: G. CRAIG TURNER
5. LOCATION OF WORK (MUST ATTACH MAP): COUNTY:
NEAREST TOWN OR CITY: MMEVILLE
SPECIFIC LOCATION (INCLUDE ROAD NUMBERS, LANDMARKS, ETC.):
NORTH SIDE OF LAKEWOOD DRIVE
6. NAME OF CLOSEST STREAM/RIVER: LITTLE ROCKFISH CREEK
7. RIVER BASIN:
8. IS THIS PROJECT LOCATED IN A WATERSHED CLASSIFIED AS TROUT, SA, HQ, ORW,
WS I, OR WS II? YES [ ] NO [X)
9. HAVE ANY SECTION 404 PERMITS BEEN PREVIOUSLY REQUESTED FOR USE ON THIS
PROPERTY? YES [ ] NO [X]
IF YES, EXPLAIN.
10. ESTIMATED TOTAL NUMBER OF ACRES OF WATERS OF THE U.S., INCLUDING
WETLANDS, LOCATED ON PROJECT SITE:
7/8/92

-2-
11. NUMBER OF ACRES OF WATERS OF THE U.S., INCLUDING WETLANDS, IMPACTED BY
THE PROPOSED PROJECT:
FILLED: 0.23
DRAINED:
12. DESCRIPTION OF PROPOSED WORK (ATTACH PLANS):
PERMIT EXISTING ROAD SYSTEM FOR 200FT.
13. PURPOSE OF PROPOSED WORK): PERMIT EXISTING ROAD IN 404 WETLANDS
14. STATE REASONS WHY THE APPLICANT BELIEVES THAT THIS ACTIVITY MUST BE
CARRIED OUT IN WETLANDS. ALSO, NOTE MEASURES TAKEN TO MINIMIZE WETLAND
IMPACTS. THE ROADS ARE INSTALLED AND HAVE EXISTING HOMES
15. YOU ARE REQUIRED TO CONTACT THE U.S. FISH AND WILDLIFE SERVICE (USFWS)
AND/OR NATIONAL MARINE FISHERIES SERVICE (NMFS) REGARDING THE PRESENCE OR
ANY FEDERALLY LISTED OR PROPOSED FOR LISTING ENDANGERED OR THREATENED
SPECIES OR CRITICAL HABITAT IN THE PERMIT AREA THAT MAY BE AFFECTED BY THE
PROPOSED PROJECT. HAVE YOU DONE SO? YES [X] NO [ )
RESPONSE FROM THE SHPO SHOULD BE FORWARDED TO THE CORPS.
16. YOU ARE REQUIRED TO CONTACT THE STATE HISTORIC PRESERVATION OFFICER
(SHPO) REGARDING THE PRESENCE OF HISTORIC PROPERTIES IN THE PERMIT AREA
WHICH MAY BE AFFECTED BY THE PROPOSED PROJECT?
HAVE YOU DONE SO? YES [X] NO [ )
RESPONSE FROM THE SHPO SHOULD BE FORWARDED TO CORPS.
17. ADDITIONAL INFORMATION REQUIRED BY DEM:
A. WETLAND DELINEATION MAY SHOWING'ALL WETLANDS, STREAMS, AND LAKES ON
THE PROPERTY.
B. IF AVAILABLE, REPRESENTATIVE PHOTOGRAPH OF WETLANDS TO BE IMPACTED BY
PROJECT.
C. IF DELINEATION WAS PERFORMED BY A CONSULTANT, INCLUDE ALL DATA SHEETS
RELEVANT TO THE PLACEMENT OF THE DELINEATION LINE.
D. IF A STORMWATER MANAGEMENT PLAN IS REQUIRED FOR THIS PROJECT, ATTACH
COPY.
E. WHAT IS LAND USE OF SURROUNDING PROPERTY? FOREST & RESIDENTIAL
F. IF APPLICABLE, WHAT IS PROPOSED METHOD OF SEWAGE DISPOSAL?
PUBLIC SEWER
CRAIG TURNER august 23, 1993`
OWNER/AGENT'S NAME DATE