19950105 Ver 1_COMPLETE FILE_19950301

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
A IF
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4;1- row
1? EHNR
April 3, 1995
Cumberland County
DEM Project # 95105
APPROVAL of 401 Water Quality Certification and ADDITIONAL CONDITIONS
Mr. Edgar Edens, III
Route 1, Box 283
Red Springs, N.C. 28377
FILE COPY
Dear Mr: Edens:
You have our approval to place fill material in 0.1 acres of wetlands or waters for the purpose of
constructing a commercial building and parking area at SR 1404 and SR 3259, as you described in
your application dated 17 February 1995. After reviewing your application, we have decided that this
fill is covered by General Water Quality Certification Number 2733. This certification allows you to
use Nationwide Permit Number 18 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. All fill
slopes shall be stabilized with suitable ground cover as soon as is feasible after construction.
Stormwater shall be directed to sheetflow. into the wetland before it enters McFayden Lake. 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 Domey at 919-733-1786.
Sincerely,
ston oward, . P.E.
Attachment
cc: Wilmington District Corps of Engineers
Corps of Engineers Wilmington Field Office
Fayetteville DEM Regional Office
Mr. John Dorney
Central Files
Harvey Allen 95105.1tr
P.O. Box 29535, Raleigh, North Carolina 27626-0535 Telephone [phone] FAX [phone]
An Equal Opportunity Affirmative Action Employer 50% recycled/ 1 096 post-consumer paper
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., RE., Director
D EHNR
March 27, 1995
Cumberland County
DEM Project # 95105
APPROVAL of 401 Water Quality Certification and ADDITIONAL CONDITIONS
Mr. Edgar Edens, III
Route 1, Box 283
Red Springs, N.C. 28377
r91E Cur??
Dear Mr. Edens:
You have our approval to place fill material in 0.1 acres of wetlands or waters for the purpose of
constructing a house and parking area at SR 1404 and SR 3259, as you described in your application
dated 17 February 1995. After reviewing your application, we have decided that this fill is covered by
General Water Quality Certification Number 2733. This certification allows you to use Nationwide
Permit Number 18 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. -All fill
slopes shall be stabilized with suitable ground cover as soon as is feasible after construction. 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 Domey at 919-733-1786.
Sincerely,
I/
ton Howard, Jr. P.E.
Attachment
cc: Wilmington District Corps of Engineers
Corps of Engineers Wilmington Field Office
Fayetteville DEM Regional Office
Mr. John Domey
Central Files
Harvey Allen 95105.1tr
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

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Project name C Nearest road ? ?--
County Wetl d area: acres Wetland width feet
Name of evaluator ate
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? no evidence, ??of flooaingor :surface
? total wetland width;>7 04 °feet ri .. -
-water Wetland type (select one)*
? Pine savanna 1
?Bottomland hardwood forest 6?)
Headwater forest ? Freshwater mars
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la ? Swamp forest El Bog/fen
? Wet flat ? Ephemeral wetlard
? Pocosin ? Carolina Bay
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Pollutant removal x 5.00 =
Wildlife habitat x 2.00 =
5 Aquatic life value Z x 4.00 =
N
??l Recreation/Education x 1.00 =
G ' * Add 1 point if in sensitive watershed and > 10% nonpoint disturbance within 1 /2 mile upstream, upslope, or radius ;
57
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•
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Project name,
county, J ?' x
Name of evaluator
/V Nearest
WetUM arm acres Wed" lwvidtY feet
Date

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ALLEN & ASSOCIATES
Harvey H. Allen
Professional Engineer
Registered Land Surveyor
Mr. John Dorney
Water Quality Planning
NCDEM
NCDEHNR
P.O. Box 29535
Raleigh, NC 27626-0535
Date: February 17, 1995
RE: Revision
NWP 18 & Section 401 Certification
2.5 Acre E. Loch Haven Lot
Fayetteville, Cumberland County, NC
Dear Mr. Dorney:
RECEjV'FD
FEe
X 419"
EWROINMENrqLS
PRA NCH CIENCES
• Engineering
• Planning
• Environmental Services
We are not asking for the 0.05 acre mitigation as previously requested in our January 25, 1995
submittal. Please find enclosed, revisions of the following:
Seven (7) copies of the completed application;
Seven (7) copies of the subject Wetlands Map and Site Plan,
- One (1) copy of the Location Map,
- One (1) copy of the application cover letter to COE.
As previously stated, I have met with Mr. Ken Averette, Fayetteville Regional Office, NCDEM
and Mr. Scott McClendon, Coe at the subject site. Mr. McClendon has already signed off on the
wetlands delineation.
Again, your timely review of the subject application is greatly appreciated..
C dially:
arvey Ile
enclosures
cc: Mr. Scott McClendon, COE
Mr. Edgar Edens, III
134 Wheat Way • Fayetteville, North Carolina 28314 • [phone]
DEM ID: 9?-= Q'J 1 Q') 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 WATER QUALITY PLANNING
CORPS OF ENGINEERS DIVISION OF ENVIRONMENTAL MANAGEMENT
DEPARTMENT OF THE ARMY NC DEPARTMENT OF ENVIRONMENT, HEALTH,
P.O. Box 1890 AND NATURAL RESOURCES --
Wilmington, NC 28402-1890 P.O. Box 29535?
ATTN: CESAW-CO-E Raleigh, NC 27626-0535
Telephone [phone] ATTN: MR. JOHN DORNEY
Telephone [phone]
4A'
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 ENVIRONMEN°f1; I1?I?i3VA?G)?MENT.
PLEASE PRINT.
1. Owners Name: Edgar V. Edens, III
2. Owners Address: Rt. 1, Box 283, Red Springs, NC 28377
3. Owners Phone Number (Home):
910-875-6438
(Work):
same
4. If Applicable: Agent's name or responsible corporate official, address, phone number:
fiarvej? A- Allen. UE \i l i , 1, L
134 Wheat Way
Fayetteville, NC 28314 Phone: [phone]
5. Location of work (MUST ATTACH MAP). County: Cumberland
Nearest Town or City: . Fayetteville, NC
Specific Location (Include road numbers, landmarks, etc.): Southeastern Quadrant of the intersection
of SR 1404 & SR 3259, on the western side of Beaver Creek (McFayden Lake)
6. Name of Closest Stream/River: Beaver Creek-Little Rockfish Creek-Rockfish Creek-Cape Fear
7. River Basin: Cape Fear River
8. Is this project located in a watershed classified as Trout, SA, HQW, 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. Estimatotal number of acres of waters of the U.S., including wetlands, located on project site:
?11/g5
2•DS to P?
11. Number of acres of waters of the U.S., including wetlands, impacted by the proposed project:
AAA -?1171q5
Filled: 0.098 Ac_
Drained:
Flooded:
Excavated:
Total Impacted: t )
12. Description of proposed work (Attach PLANS-8 1/2" X I1" drawings only): Fill 0.10 Acres
of wetlands to allow the development of a huilding pad to accommodate an approximate
4500 SF foundation and associated parking (Present zoning allows 15 units).
13. Purpose of proposed work: See above The severe topography recuires the requested area
so ADA Lecuirements can be met (3/1 backslopes) Pilinc,s will be rec,uired_ in the
14. State reasons why the applicant believes that this activity must be carried out in wetlands. Also, note measures
taken to minimize wetland impacts. See above. Less fill will result in less i;n act, but
ADA (American Disabilities Act) recuirements can not be met.
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 [ ]
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 prese%e of historic
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 delineation map 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? Multi-family residential.
F. If applicable, what is proposed method of sewage disposal? Public sanitary, seater.
Y C /? 5
Owner's Qnature Date
1
ALLEN & ASSOCIATES
Harvey H. Allen
Professional Engineer
Registered Land Surveyor
Mr. John Dorney
Water Quality Planning
DEM
NCDEHNR 5
P.O. Box 29535 ?E8 01 `? cis
Raleigh, NC 27626-0535
Date: January 25, 1995
RE: NWP 18 & Section 401 Certification for
2.5 Acre E. Loch Haven Lot
Fayetteville, Cumberland County, NC
Dear Mr. Dorney:
Please find enclosed:
- Seven (7) copies of the completed application;
- Seven (7) copies of the subject Wetlands Map and Site Plan;
- One (1) copy of a Location Map,
One (1) copy the application cover letter to the COE.
• Engineering
• Planning
• Environmental Services
I have met Mr. Ken Averette, Fayetteville Regional Office, NCDEM and Mr. Scott McClendon,
COE at the subject site. Mr. McClendon has already signed off on the wetlands delineation.
Your timely review of the subject application is greatly appreciated.
Co d
ially:
:
Harvey ' Allen
enclosures
cc: Mr. Scott McClendon, COE
Mr. Edgar Edens, III
134 Wheat Way • Fayetteville, North Carolina 28314 • [phone]
)EM ID: 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
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 MAr4'
NC DEPARTMENT OF ENVIRONMENI'A
AND NATURAL RESOURCES
P.O. Box 29535 -
Raleigh, NC 27626-0535
ATTN: MR. JOHN DORNEY I95?
Telephone [phone]
ONE (1) COPY OF THIS COMPLETED APPLICATION SHOULD BE SENT TO THE-L-O $
SEVEN (7) COPIES SHOULD BE SENT TO THE N.C. DIVISION OF ENVIRONMENTAL
PLEASE PRINT.
1. Owners Name: Edgar V. Edens, III
2. Owners Address: Rt. 1, Box 283, Red Springs, NC 28377
3. Owners Phone Number (Home): 910-875-6438 (Work): same
4. If Applicable: Agent's name or responsible corporate official, address, phone number:
134 Wheat Wa
Fayetteville, NC 28314 Phone: [phone]
5. Location of work (MUST ATTACH MAP). County: Cumberland
Nearest Town or City: Fayetteville, NC
Specific Location (Include road numbers, landmarks, etc.): Southeastern Quadrant of the intersection
of SR 1404 & SR 3259, on the western side of Beaver Creek (McFayden Lake)
6. Name of Closest Stream/River: Beaver Creek-Little Rockfish Creek-Rockfish Creek-Came Fear 1
7. River Basin: Cape Fear River
8. Is this project located in a watershed classified as Trout, SA, HQW, 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:
2.03 Acres
11. Number of acres of waters of the U.S., including wetlands, impacted by the proposed project:
Filled: 0.15 Acres of which 0.05 are to be mitigated (see site plan)
Drained:
Flooded:
Excavated:
TotalImpacted: 0.15 Acres - 0.05 Acres (mitigated) = 0.10 Acres (net)
12. Description of'proposed work (Attach PLANS-8 1/2" X 11" drawings only): Fill 0 10 Acres (net)
of wetlands to allow the development of a building pad to accommodate an approximate
4500 SF foundation and associated parking (Present zoning allows 15 units).
13. Purpose of proposed work: See above The severe topography requires the requested area
_ so ADA reuuiremen s can be met (3/1 backslopes) Pilings will be required in the fi
14. State reasons why the applicant believes that this activity must be carried out in wetlands. Also, note measures
taken to minimize wetland impacts. See above Less fill will result in less impact, but
ADA (American Disabilities Act) requirements can not be met.
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 [ ]
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 preseWe of historic
properties in the permit area which may be affected by the proposed project? Have you done so? YES [ ] NO [ J
RESPONSE FROM THE SHPO SHOULD BE FORWARDED TO CORPS.
17. Additional information required by DEM:
A. Wetland delineation map 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 island use of surrounding property? multi-family residential. _
F. If applicable, what is proposed method of sewage disposal? public sanitary sewer.
??d4a'n_ 10:?_ f E5 lq?
___Z,f25
Owner's gnature Date
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LOCATION MAP
ENLARGED MUNICIPAL AND SUBURBAN AREAS
CUMBERLAND COUNTY
NORTH CAROLINA
PWAM By TW
NORTH CAROLINA DEPARTMENT OF TRANSPORTATION
DIVISION OF HIGHWAYS-PLANNING AND RESEARCH BRANCH
N COOMAT*N WRN THE
U.S. DEPARTMENT OF TRANSPORTATION
FEDERAL HIGHWAY ADMINISTRATION
SOUS
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ALLEN & ASSOCIATES
Harvey H. Allen
Professional Engineer
Registered Land Surveyor
Mr. Scott McClendon
COE, Dept. of the Army
P.O. Box 1890
Wilmington, NC 28402-1890
ATTN: CESAW-CO-E
Date: February 17, 1995
RE: Revision
NWP 18 & Section 401 Certification
2.5 Acre E. Loch Haven Lot
Fayetteville, Cumberland County, NC
Dear Scott:
• Engineering
• Planning
• Environmental Services
We are not asking for the 0.05 acre mitigation as previously requested in our January 25, 1995
submittal.
Please find enclosed, revisions of the following:
One (1) copy of the completed application;
One (1) copy of the subject Wetlands Map and Site Plan,
One (1) copy of the Location Map,
One (l) copy of the application cover letter to Mr. John Dorney, NCDEM.
Thank you for your assistence on this project.
Cor ially:
Harvey Allen
enclosures
cc: Mr. John Dorney, NCDEM
Mr. Edgar Edens, III
134 Wheat Way • Fayetteville, North Carolina 28314 • [phone]
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
February 21, 1995
Mr. Edgar V. Edens, III
Route 1, Box 283
Red Springs, N.C. 28377
Dear Mr. Edens:
DEM Project #95105
Cumberland County
AlFKA
ID EHNR

On 25 January 1995, you requested a 401 Water Quality Certification from the
Division of Environmental Management for your project (2.5 acre E. Loch Haven Lot)
located near Fayetteville in Cumberland County. You applied for 0.15 acres of fill (minus
0.05 acres mitigated) for a residential lot and parking. Please be aware that Nationwide
Permit 18 allows a maximum fill of 0.10 acres regardless of any mitigation. I recommend
that your fill be down sized to 0.10 acre and/or the U.S. Army Corps of Engineers be
contacted to determine if another type of permit is possible. Until I hear of your further
action, I will place this project on hold indefinitely.
Please call me at 919-733-1786 if you have any questions or would like to discuss this
matter.
Sincerely,
+JoR,IDorn'e'y
uality Certific ion Program
95105.clr
cc: Fayetteville DEM Regional Office
Wilmington District Corps of Engineers
Wilmington Field Office COE, Scott McLendon
Central Files
Harvey Allen; Allen and Associates
P.O, Box 29535, Raleigh, North Carolina 27626-0535 Telephone [phone] FAX [phone]
An Equal opportunity Affirmative Action Employer 50% recycled/ 10% post-consumer paper
O
LOCATION MAP
ENLARGED MUNICIPAL AND SUBURBAN AREAS
CUMBERLAND COUNTY
NORTH CAROLINA
MSAM GY ne
NORTH CAROLINA DEPARTMENT OF TRANSPORTATION
DIVISION OF HIGHWAYS-PUNNING AND RESEARCH BRANCH
01 coomunow WITH THE '
U.S. DEPARTMENT OF TRANSPORTATION
FEDERAL HIGHWAY ADMINISTRATION
SCALE
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