Loading...
HomeMy WebLinkAbout19960694 Ver 1_Complete File_19970313'? ?! >?? ? r '? ? w ?- * "V y?- 1?.1G • ,i: . t„ 11 r ? *, , ? ? ? i. c l * ;? f ?o?? ?? ? , ? ??s ? ? ? ?. o ?`? C ? ?? ?" ?? ;? ,? ti N tit Y , r t . A .t?. i F,'?r jo - ? ? 't1 "1 ? k I ?? R' ,? .i 7 ?? '?? ?' Lr l ?? ? i? l ,i ??? ? w ?, ?? !.; ?„ ???? ,? ,fir ? ' °,? ?, ppir, i. •i ' I ??? `1.d t „+ /�M t `, �.r•''�•"may � r� +��.'°` i i I ,4L1 I q -�, , �1 R r v ' l � • r1 , f . 1f,! � �j i 1h 4tj ¦Complete Items t and/or 2 for additional services. I also wish to receive the ¦Complete Items 3, 4a, and 4b. following services (for an ¦ Print your name and address on the reverse of this form so that we can return this extra fee): card to yyou. ¦ Attach this form to the front of the mallplece, or on the back if space does not 1. ? Addressee's Address permit. ¦ Write'Retum Receipt Requested' on the mallpiece below the article number. 2. ? Restricted Delivery ¦The Return Receipt will show to whom the article was delivered and the date delivered. Consult postmaster for fee. 3. Article Addressed to: 14a. Article Number De,an --Do U-) In) n5 t4a G?k -??? ?v? . Va?Cae\fdle ,t\?G :Dg30S ? Registered '® Certified ? Express Mall ? Insured ? Return Receipt for Merchandise ? COD 7 r)afc of rlolivorv . 4 ^ _.. and lee Is paid) PS Form JVU X c (pue6 Jo eessejppV) :emleu6l S 7 (pled sl 991 pue % n 4?. AJOAllea to a a' w? Ooo ? eslpue4oJeyy Jo; jdleoey wn d so poinsul ? lleW sseJd 7N ?a, Pel)IlJeo ? peJelslBe edA.L eolAJeg •q '-JAtl `fiVQ 7.1h dAirr- VAR) 6%O 9Q uwaQ ?Ul JegwnN elol>aV •ey :ol pesseippv elo12JV 'E •99; Jo; Jelseu4sod llnsuoo •Pe,enll8P 818p 841 pue p8JOAllep seM OP1y8 041 wo4M of M049 11Vm ldleoey wnled e41e fJOAIIeQ PelONlsed ? 'Z •Jegwnu elolue 941 Moleq eoeldpew 941 uo,peJSenbekj;dlw@t/ wnley,elpM¦ •llwJed sseJppy s,eesseJppy ? l lou seop eoeds 11 >toeq 941 uo Jo 'soeldllew 941 Jo luoJl e4101 uuo, s141408l1V ¦ noF of Pao :(99; BJlXO 8141 wnleJ ueO eM 1e41 os wJO; 814110 99JeneJ e41 uo sseJPpe pue eweu Jnp t to d ¦ UB Jol) seOlAJOS BulMOllo; •qq pue'up'E'swop:eleldwoom O41 eAI90eJ. 01 4sIM OSIB 1 'seoWes p uolllppe Jot Z Jo/put t swoil eleldwoo.` a 9 sJ q N (pied sl eel pue (300 ? eslpusyaeyy Jol idleoeH wnley ? peJnsul ? lleyy sseJdx3 ? Pelllueo ? PeJels!6ea ? I . ?v,UC?oQ UYraQ a?(?) 'eel Jol Jelseugsod llnsuoo 'pe,eAllep k8AII80 P810PISOU ? 'Z e1ep eyl pue PSJOAllep sem eplue eyl wo4m of Moys IIuA ?dleoey wn?ey egis Iegwnu epllie eyl Moleq eoeldljew eyl uo,peJeenbey;dieoey wn;ey, apiM. wed ' eseJppy s,eesseippV . 44 A ?;o luoil eyl o? uuo; siyl yoeAy• p coeds;l)peq 941 uo joo 'eoeidpew ey ?ou soo u 764r a*i v t" ??. ? 3 u6 Jol) soolAJes Nimollol aI u ? h €r?tlv ?e ?? iUt Joa?' i16 noF of pied le A? e o e p e?ppe pug eweu moR luNd ¦ q4 pus ley'£ sweA eleldwoo¦ elll 8AI8OOJ of ySIM OSIB I 'seopues IeuoA?ppe jo; L lo/pus ? eweu e101dwoo¦ c a q 3 n c a 2 T c c a a m pw N s? C?)S ? K-a?AAuQ J, ?„.-a?U?as ate,. away apOO dIZ pue ssaappe 'aweu anoA luiad 006$ 30ViSOd JO 1N3WAVd OIOAV Ol 3sn 31VAIdd N03 AlIVN3d 111111 We 6- sseulsn8 Ielotl;o 33JAH3S lV1SOd S31V1S a311Nn C1• d w W D a Z 0 j 0 a J ? ¦Complete Items 1 and/or 2 for additional services. ¦Complete Items 3, 4a, and 4b. ¦ Print your name and address on the reverse of this form so that we can return this card to you. ¦Attach this form to the front of the mallpieoe, or on the back if space does not permit. • Write'Refum Receipt Requested' on the mailpiece below the article number. ¦The Return Receipt will show to whom the article was delivered and the date delivered. LQ•Ir r?,` ? ?ruc?`?ca_ H'Adder, rloo COLA I also wish to receive the following services (for an extra fee): 1. ? Addressee's Address 2. ? Restricted Delivery Consult postmaster for fee. tuber oIq ,:aq7 ? Registered ? Express Mail for Ili Certified ? Insured ? COD and fee is pald) PS Form ffcr.vcn. I also wish to receive the • Complete items 1 and/or 2 for additional services. • Complete Items 3, and 4a & b. following services (for an extra • Print your name and address on the reverse of this form so that we can fee): return this card to you. • Attach this form to the front of the mailpiece, or on the back if space 1. ? Addressee's Address does not permit. • Write "Return Receipt Requested" on the mailpiece below the article number. 2. ? Restricted Delivery • The Return Receipt will show to whom the article was delivered and the date delivered. Consult postmaster for fee. 3. Article Addressed to: jai Iae 4a. Article Number ? r , f. Lpt-? 139 34 U ?j ?} r 4 Service Type (?? (v El Registered El Insured Certified ? COD JL_ f V ?? `? N ? Express Mail ? Return Receipt for 7 Merchan Ise O2 7. Date of Delivery J7 - 7-77 5. nature (Addressee / 8. Addressee's Address (Only if req and fee is paid) v -oft r--pl 1-6 1, DEPARTMENT OF THE ARMY WILMINGTON DISTRICT, CORPS OF ENGINEERS P.O. BOX 1890 WILMINGTON, NORTH CAROLINA 28402-1890 October 27, 19977 IN REPLY REFER TO Regulatory Division Action ID No. 199704266 Dean Downing 412 Oak Ridge Avenue Fayetteville, North Carolina 28305 Dear Mr. Downing: Please reference our letter dated February 18, 1997, requesting cessation of unauthorized work in jurisdictional wetlands on Larry and Drucilla Hadden's property adjacent to a tributary of the Cape Fear River, located at 1533 Pepperchase Drive (Lot 7) in the Riverside Estates subdivision in Fayetteville, Cumberland County, North Carolina. We have denied the Hadden's after-the-fact permit application based on substantial adverse environmental impacts to wetlands. As contractor for the Haddens, we hold you equally responsible for the unpermitted work. You should remove all unauthorized fill material in wetlands within 30 days from receipt of this letter. Failure to comply with this request may result in referral to the United States Attorney with a recommendation for civil action. Should you have any questions or desire to meet concerning this matter, please contact Mr. Jeff Richter of my Wilmington Field Office at telephone (910) 251-4636. Sincerely, Michael D. Smith Assistant Chief Regulatory Division F G?`', ficFiG??o22?2Tq , l99, ?s -2- Copies Furnished: United States Attorney Eastern District of North Carolina 300 New Bern Avenue Suite 300, Federal Building Raleigh, North Carolina 27611 Field Supervisor 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. William Cox, Chief Wetlands Regulatory Section-Region IV Wetlands, Oceans and Watersheds Branch U. S. Environmental Protection Agency Atlanta Federal Center 61 Forsyth Street, SW Atlanta, Georgia 30303 Regional Director National Marine Fisheries Services, NOAA 9721 Executive Center Drive N. Saint Petersburg, Florida 33702-2449 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. Pete Colwell Division of Water Quality /North Carolina Department of Environment, Health, and Natural Resources 4401 Reedy Creek Road Raleigh, North Carolina 28607 Mr. Ken Averitte Division of Water Quality North Carolina Department of Environment, Health, and Natural Resources Suite 714, Wachovia Building Fayetteville, North Carolina 28301 State Property Section North Carolina Department of Administration 116 West Jones Street Raleigh, North Carolina 27603 Downing Development Corporation Mr. John Dorney DEHNR Water Quality Certification Program 4401 Reedy Creek Road Raleigh, NC 27607 9( J Subject: Response to "Notice of Violation" letter dated 2 Sept. 1997 Dear Mr. Dorney, I am in receipt of your letter regarding the property located at the end of Wildcat Drive in Cumberland County, North Carolina. A meeting did occur on or about 4 September 1996 as stated in your letter. It was suggested that if part of the property in question was determined to be "jurisdictional wetlands" that certain activities could not take place without proper approval and permitting. It has not yet been determined if any area of the property would be considered "jurisdictional wetlands". As I informed the individuals on the above referenced date, a survey was at that time ordered and necessary to complete the purchase of the property and would also be necessary for the preparation of a wetlands map if "jurisdictional wetlands" were located. No excavation of the area had taken place, we had just begun clearing and clean-up. Please further note that the property in question has been monitored and as of this date no additional dumping has occurred in the affected area since October 1996. Removal of debris has been done as stated. The subject area has been surveyed and I am now waiting for the wetlands consultant to determine if there are any "jurisdictional wetlands" located within the surveyed area. If any "jurisdictional wetlands" are located on the subject property and if permits are required for any anticipated activity or project that I may be involved with then the appropriate applications will be made. I will instruct the wetlands consultant to provide you with his findings as soon as they become available. Enclosed please find copy of the last communication I have received from Charlie Hollis, the consultant. Please C?tact me if I can provide you with additional information. Hdrold Dean Downing, Jr. President enclosures State of North Carolina Department of Environment, Health and Natural Resources Division of Water Quality James B. Hunt, Jr., Governor Wayne McDevitt, Secretary A. Preston Howard, Jr., P.E., Director CERTIFIED MAIL RETURN RECEIPT REQUESTED Mr. Dean Downing 412 Oak Ridge Avenue Fayetteville, N.C. 28305 LT,MRWA IT A&4 ?EHNF? September 2, 1997 Cumberland County Subject: NOTICE OF VIOLATION (---? Unauthorized Excavation and Filling of Wetlands Off River Road, Fayetteville, N.C. Dear Mr. Downing: On September 4, 1996 you met with Mr. Jeff Richter from the US Army Corps of Engineers (USACOE), Mr. Ken Averitte from the Division of Water Quality's Fayetteville Regional Office, and Mr. Pete Colwell from the Division's Central Office. The findings of this meeting are as follows: 1) It was determined that there is an unauthorized excavation of a pond in wetlands on your property, 2) it was determined that there is an unauthorized filling of wetlands on your property, 3) it was estimated that total unauthorized impacts to wetlands on your property totals +/- 1.0 acres, 4) you were instructed to apply for authorization for the pond excavation and to remove the fill material, and 5) you stated that the dumping was done without your knowledge and that it would be removed as soon as possible. Subsequent to the aforementioned, the following events took place: 1) On October 22, 1996 Mr. Pete Colwell conducted another inspection and found that several additional loads of sheetrock and debris had been dumped on the previous pile of debris in wetlands. 2) Your attorney (Thad Downing) replied to the October 25, 1996 Notice of Violation stating that Mr. Downing contracted Ricky Lee Hauling who removed the debris, and that additional dumping was discovered which would also be removed. Further, this response noted that: "If future dumping occurs, Mr. Downing will remove debris as he becomes aware of it." In addition, this response noted that the subject area was to be surveyed after which time Mr. Downing would then apply for "all appropriate permits." 3) After your attorney's response, Mr. Ken Averitte conducted another site inspection on November 19, 1996 and documented that material of soil, stumps, and demolition debris still remained in wetlands. This finding was included in another Notice of Violation dated November 25, 1996. Environmental Sciences Branch 4401 Reedy Creek Road Raleigh, North Carolina 27607 Telephone 919-733-9960 FAX # 733-9959 An Equal Opportunity Affimwtive Action Employer 50% recycledh0% post consumer paper Dean Downing NOTICE OF VIOLATION Page 2 This Notice also informed you tha a c?p ete b ndary s rvey of the property is not needed (as your ttorn y ha o i lly roposed). Instead, only a wetland deline ion an accu ate map of a impacted wetlands and proposed project ould be neces ary. This No ice of Violation also requested that you remo e all unau horized ill material from jurisdictional etlands d i orme you that another site inspection would be mad to determ e 'f the ecessary orrective measures had been made. 1 11 On August 25, 1997 Mr. 2'l leek, Mr. Pete Colwell, and Mr. Ken Averitte conducted another site inspection. The documented results of this inspection found that the fill material of soil, stumps, and demolition debris had yet to be removed. In addition, new fill material consisting of shingles was noted. This is the FOURTH inspection at this property and the THIRD Notice of Violation regarding these aforementioned unauthorized activities. You are once again requested to remove all of the fill material from this site and to apply for the excavation of the pond. Failure to remove the fill material and or apply for the excavation of the pond may result in an enforcement action taken against you by one or all of the following interested agencies: The North Carolina Division's of Water Quality, The US Army Corps of Engineers, The Environmental Protection Agency. Please respond to this Notice of Violation within 14 days upon receipt detailing your plans to rectify these matters. In addition please find an enclosed application. This application should be completed as detailed on the attached instruction sheet. If there are any questions regarding this matter, please feel free to call me, Pete Colwell, or Eric Fleek at (919) 733-1786. Singerely, Jo n Dorney Wa er Quality C ation Program cc: Ken Averitte, Fayetteville Regional Office Ike Guyton, Division of Solid Waste-Fayetteville Regional Office Jeff Richter, USACOE Wilmington Field Office Jill Hickey, NC Attorney General's Office Lee Pelej, USEPA FROM : CHARLIE HOLLIS REGULATORY CONS PHONE NO. : 9103926833 Sep. 15 1997 03:57PM P01 CHARLIE HOLLIS REGULATORY CONSULTANT 138 Croon Forest Drive Wilmington, NC 28409 910/392-6833 (Phone/FAX) September 15, 1997 Projects Mr. Dean Downing; 412 Oak Ridge Avenue; Fayetteville, NC 28305 Corps Action ID No. 199704272 Mr.. John Dorney N.C. Division of Water Quality 4401 Reedy Creek Rd. Raleigh, NC 27607 Dear Mr. Dorney: Please reference your letter of September 2, 1997 to Mr. Dean Downing regarding your concerns about activities in wetlands on Mr. Downing's property next to Riverside Estates Subdivision near a tributary of the Cape Fear River in Cumberland County, N.C. Please reference also our telephone conversation on September 15, 1997 regarding this matter. Several weeks ago, I visited Mr.. Downing's property and observed the areas of concern to you and the Corps and agreed to assist Mr. Downing with his project. Unfortunately, because of a very busy schedule, I have been unable to dispatch a wetland technician to this site to flag the jurisdictional limits to allow the preparation of a wetland map and a basis for requesting permits and/or restoration of the area. Upon receipt of your most recent letter, we have now given this project a high priority and will move as early as possible to bring it to an agreeable conclusion. I hope to have the wetland flagging done within the next 10 days and a wetland survey prepared within a few days following. With this information in hand, we will submit a proposal for- resolving this matter. Please contact me if you have questions or if I can be of other assistance. S r y, arlie Hollis Cys Ken Averitte Allen Davis (COL) CHARLIE HOLLIS RECU1,ATORY CONSULTANT 138 Green Forest Drive Wi.l.mingt_on, NC 28409 910/392-6833 (Phone/FAX) September 15, 1997 Project: Mr. Dean Downing; 412 Oak Ridge Avenue; Fayet_t_evi l.l.e, NC 28305 Corps Action 1D No. [99704272 Mr. John Dorney N.C. Division of Water Quality 4401 Reedy Creek Rd. Raleigh, NC 27607 Dear Mr. Dorney: Please reference your let_r_er of September 2, 1997 to Mr. Dean Downing regarding your concerns about- activities in wetl.ands on Mr. Downing's property next to Riverside Estates Subdivision near a tributary of the Cape Fear River in Cumberl.and County, N.C. Please reference also our telephone conversation on September 15, 1997 regarding this matter. Several. weeks ago, T visited Mr. Downing's property and observed the areas of concern to YOU and the Corps and agreed to assi.st Mr. Downing with his project. Unfortunately, because of a very busy schedule, T have been unable to dispatch a wer_l.and technician to this site to fl.ag the jurisdictional 1imi_t_s to al.l.ow the preparation of a wer_l.and map and a basis for requesting permits and/or rest_orati_on of the area. Upon receipt of your most recent Iet_ter, we have now given this project a high priority and will. move as early as possibl.e to bring it to an agreeabl.e conclusion. T hope to have the wet]-and flagging done within the next 10 days and a wetland survey prepared within a few days fol.lowi_ng. With this information in hand, we will. submit- a proposal. for resolving this matter. Please contact me if YOU have questions or if T can be of other assistance. Si. re y, harl.i.e 11ol.l.is Cy: Ken Averi_r_te A1.]-en Davi.s (COE) DEPARTMENT OF THE ARMY WILMINGTON DISTRICT, CORPS OF ENGINEERS P.O. BOX 1890 WILMINGTON, NORTH CAROLINA 28402-1890 IN REPLY REFER TO Regulatory Branch Action ID No. 199704272 Mr. Dean Downing 412 Oakridge Avenue Fayetteville, North Carolina 28305 Dear Mr. Downing: We have received information regarding the unauthorized placement of fill material, including earth, demolition, and landclearing and building debris, in approximately 1.5 acres of jurisdictional wetlands adjacent to a tributary of the Cape Fear River, at the end of the extension of Wild Cat Road, next to the Riverside Estates Subdivision, in Fayetteville, Cumberland County, North Carolina. Recently, you met with Messrs. Pete Colwell and Ken Averit--- North Carolina Division of Water Quality and Mr. Jeff Regulatory Field Office Staff concerning the unau l? material on your property. During this meeting, / ???•1 Q r ?? would be removed in its entirety. Since that time Averitte have reported that the restoration has nc (? I LM c? while some material has been removed, other materi, \ - the wetlands. This activity in a wetland area witl Department of the Army permit is a violation of Sec Act.w? You are directed to cease and desist from any wetland area and to submit a detailed written explan to this office within 10 days of your receipt of thi: requesting, by copy of this letter, that the Federal furnish their comments and recommendations regarding this office no later than April 5, 1997. We will thei appropriate administrative or legal action. Failure to comply with this directive may result United States Attorney with a recommendation for civil If there are questions, contact Mr. Jeff Richter, Office, Regulatory Branch, telephone (910) 251-4636. Sincerely, March 13, 1997 G. Wayne Wright Chief, Regulatory Branch ?C -.-j?-on Field -4-. . DEPARTMENT OF THE ARMY WILMINGTON DISTRICT, CORPS OF ENGINEERS P.O. BOX 1890 WILMINGTON, NORTH CAROLINA 28402-1890 IN REPLY REFER TO March 13, 1997 Regulatory Branch Action ID No. 199704272 Mr. Dean Downing 412 Oakridge Avenue Fayetteville, North Carolina 28305 Dear Mr. Downing: We have received information regarding the unauthorized placement of fill material, including earth, demolition, and landclearing and building debris, in approximately 1.5 acres of jurisdictional wetlands adjacent to a tributary of the Cape Fear River, at the end of the extension of Wild Cat Road, next to the Riverside Estates Subdivision, in Fayetteville, Cumberland County, North Carolina. Recently, you met with Messrs. Pete Colwell and Ken Averitte of the North Carolina Division of Water Quality and Mr. Jeff Richter of my Wilmington Regulatory Field Office Staff concerning the unauthorized discharge of fill material on your property. During this meeting, you stated that the material would be removed in its entirety. Since that time, Messrs. Colwell and Averitte have reported that the restoration has not been completed, and that while some material has been removed, other material has been discharged into the wetlands. This activity in a wetland area without authorization by a Department of the Army permit is a violation of Section 301 of the Clean Water Act. You are directed to cease and desist from any further work in the wetland area and to submit a detailed written explanation of your activities to this office within 10 days of your receipt of this letter. We are requesting, by copy of this letter, that the Federal and State agencies furnish their comments and recommendations regarding the alleged violation to this office no later than April 5, 1997. We will then determine further appropriate administrative or legal action. Failure to comply with this directive may result in referral to the United States Attorney with a recommendation for civil prosecution. If there are questions, contact Mr. Jeff Richter, Wilmington Field Office, Regulatory Branch, telephone (910) 251-4636. Sincerely, G. Wayne Wright Chief, Regulatory Branch MEMO TO: amo jotv/?/-h DATE: 7,7 SUBJECT: ?` Ale, P? S S?- lS Ale e? CAS From: STATE 4 North Carolina Department of Environment, Health, and Natural Resources g?? printed on Recycled Papei WA. Copies Furnished: U.S. Attorney Eastern District of North Carolina 310 New Bern Avenue Suite 800, Federal Building Raleigh, North Carolina 27611 Mr. John Hefner 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 Protection Section-Region IV Water Management Division U.S. Environmental Protection Agency Atlanta Federal Center 100 Alabama Street, SW Atlanta, Georgia 30303 Regional Director National Marine Fisheries Services, NOAA 9721 Executive Center Drive N. Saint Petersburg, Florida 33702-2449 M John Parker vision of Coastal Management 'North Carolina Department of Environment, Health, and Natural Resources Post Office Box 27687 Raleigh, North Carolina 27611-7687 Mr. John Dorney Division of Water Quality North Carolina Department of Environment, Health, and Natural Resources 4401 Reedy Creek Road Raleigh, North Carolina 27687 Mr. Ken Averitte Division of Water Quality North Carolina Department of Environment, Health, and Natural Resources Suite 714, Wachovia Building Fayetteville, North Carolina 28301 State Property Section North Carolina Department of Administration 116 West Jones Street Raleigh, North Carolina 27603 State of North Carolina Department of Environment, Health and Natural Resources Division of Water Quality James B. Hunt, Jr., G ove mor Jonathan B. Howes, Secretary A. Preston Howard, Jr., P.E., Director November 25, 1996 CERTIFIED MAIL RETURN RECEIPT REQUESTED Mr. Dean Downing 412 Oak Ridge Ave. Fayettville, NC 28305 A K4 0 - - 9 fti7L?A?? E3 EHNR SUBJECT: Notice of Violation and Request to Cease Unauthorized Activity Section 401 Water Quality Certification Excavation and Filling of Wetlands off River Road Cumberland County Dear Mr. Downing: The Division of Water Quality has reviewed the letter from your attorney Mr. Thad Downing and several questions have arisen from it. Also, since that time Mr. Ken Averitte from the Division's Fayetteville Office made another site visit on November 19, 1996. As far as application for a 401 Water Quality Certification, a complete boundary survey of the property is not needed, but a wetland delineation and an accurate map of the impacted wetlands and proposed project is. It is indicated in the letter that the construction debris was removed from the property and that you have taken steps to prevent future dumping. On November 19, 1996 Mr. Averitte found that most of the sheet rock had been removed but the original fill material of soil, stumps, and demolition debris remained in the wetlands. You are again requested to remove all unauthorized fill material from jurisdictional wetlands. Whether or not you are required to restore the impacted wetlands will depend on whether authorization is granted for your project which has yet to be applied for. Also the Division would be interested to what measures you have taken to prevent future unauthorized filling of wetlands since it seems to be a cronic problem. Mr. Averitte also indicated that debris was being stockpiled on the upland portion of the property and burned. I strongly suggest, if you have not done so, that you contact the Division of Solid Waste for recommendations on the appropriate disposal of this material. up site visit will be made in the immediate future to determine if you have complied with this request. Your cooperation in resolving this violation as quickly as possible is appreciated. As before a site visit will be made in the near future to deterime if you complied with this request. Should you have questions about this action please contact me or Pete Colwell at (919) 733-1786 or Ken Averitte at our Fayetteville Regional Office (910) 486-1541. Environmental Sciences Branch 4401 Reedy Creek Road Raleigh, North Carolina 27607 Telephone 919-733-9960 FAX # 733-9959 An Equal Opportunity Affirmative Action Employer 50% recyclc&10% post consumer paper S' e ly, 7oPe, Jo R. W r Quality Ce tcation Program cc: Central Files Ken Averitte, DWQ Fayetteville Regional Office Ike Guyton, DSW Fayetteville Regional Office Pete Colwell, DWQ Raleigh Central Office Jeff Richter, USACOE Wilmington Field Office Jill Hickey, NC Attorney General's Office -T-" a/ 19, AOO 1?,10 t9 downing.vio2 N i 16, 5 4eto L e:XeL Zv?G? / d 5 ? /?? Grp ?`?e 4 ?J1? -7o /C 71 ??-r<l? ?s 4 j I , I;W k"? la t") 1 6`11f?de?k"? 8115 ?'td 4-ell - I i h?'- 1141111?11 e, 73 6?-l (Ji 14 It C? ?V?? ?LS 111???IGJ / i\?'(?N /,/,1? G G,G!?! i ?."u (l, L /(''GfG?PO /???1 we f e*lr State of North Carolina Department of Environment, Health and Natural Resources Division of Water Quality James B. Hunt, Jr., G ovemor Jonathan B. Howes, Secretary A. Preston Howard, Jr., P.E., Director November 25, 1 CERTIFIED MAIL RETURN RECEIPT REQUESTED Mr. Dean Downing 412 Oak Ridge Ave. Fayettville, NC 28305 A 0ffl?.IWA V 2ej ti J3 3l?`/Z k 4". ?ji e,14 SUBJECT: Notice of Violation and Reque: Section 401 Water Quality Certificati Excavation and Filling of Wetlands off River Road Cumberland County Dear Mr. Downing: The Division of Water Quality has reviewed the letter from your attorney Mr. Thad Downing and several questions have arisen from it. Also, since that time Mr. Ken Averitte from the Division's Fayetteville Office made another site visit on November 19, 1996. As far as application for a 401 Water Quality Certification, a complete boundary survey of the property is not needed, but a wetland delineation and an accurate map of the impacted wetlands and proposed project is. It is indicated in the letter that the construction debris was removed from the property and that you have taken steps to prevent future dumping. On November 19, 1996 Mr. Averitte found that most of the sheet rock had been removed but the original fill material of soil, stumps, and demolition debris remained in the wetlands. You are again requested to remove all unauthorized rill material from jurisdictional wetlands. Whether or not you are required to restore the impacted wetlands will depend on whether authorization is granted for your project which has yet to be applied for. Also the Division would be interested to what measures you have taken to prevent future unauthorized filling of wetlands since it seems to be a cronic problem. Mr. Averitte also indicated that debris was being stockpiled on the upland portion of the property and burned. I strongly suggest, if you have not done so, that you contact the Division of Solid Waste for recommendations on the appropriate disposal of this material. up site visit will be made in the immediate future to determine if you have complied with this request. Your cooperation in resolving this violation as quickly as possible is appreciated. As before a site visit will be made in the near future to deterime if you complied with this request . Should you have questions about this action please contact me or Pete Colwell at (919) 733-1786 or Ken Averitte at our Fayetteville Regional Office (910) 486-1541. Environmental Sciences Branch 4401 Reedy Creek Road Raleigh, North Carolina 27607 Telephone 919-733-9960 FAX # 733-9959 An Equal Opportunity Affirmative Action Employer 50% recycled/10% post consumer paper S' e ely, I { Job 1 R. Do e y W r Quality Ce cation Program cc: Central Files Ken Averitte, DWQ Fayetteville Regional Office Ike Guyton, DSW Fayetteville Regional Office Pete Colwell, DWQ Raleigh Central Office Jeff Richter, USACOE Wilmington Field Office Jill Hickey, NC Attorney General's Office Tka0/ R D downing.vio2 State of North Carolina Department of Environment, VI-T Health and Natural Resources 4 • • Division of Water Quality James 6. Hunt, Governor p E H N R Jonathan B. Howes, Secretary A. Preston Howard, Jr., P.E., Director October 25,1996 CERTIFIED MAIL RETURN RECEIPT REQUESTED Mr. Dean Downing 412 Oak Ridge Ave. Fayettville, NC 28305 SUBJECT: Notice of Violation and Request to Cease Unauthorized Activity Section 401 Water Quality Certification Excavation and Filling of Wetlands off River Road Cumberland County Dear Mr. Downing: Information gathered by the Division of Water Quality (DWQ) indicates that you have undertaken unauthorized activities in waters and/or wetlands of the State in violation of Section 401 of the Clean Water Act. No person may undertake activities requiring a Federal Permit for work within the waters or wetlands of the State without first obtaining a 401 Water Quality Certification from the Division of Water Quality (North Carolina Administrative Code T15A: 021-1.0500). On September 4, 1996 Jeff Richter with the US Army Corps of Engineers (USACOE), Ken Averitte with DWQ Fayetteville Office, and Pete Colwell from this office met with you on your property off River Road behind Riverside Estates in Cumberland County to discuss the unauthorized excavation of a pond in wetlands and the unauthorized filling of wetlands at the southern end of the pond. It is estimated that you have impacted approximately 1.0 acres of wetlands. During the September 4 meeting you were told that authorization would be needed for the pond and that the construction debris and waste material would need to be removed from the wetlands. You indicated that the dumping was being done without your knowledge and would be removed as soon as possible. On October 22, 1996 Pete Colwell made another site visit and found that several additional loads of sheetrock and debris had been dumped on the previous pile of debris in wetlands. Our records also show that no application has been made for authorization of the pond. It is hereby requested that you Cease and Desist any further unauthorized activities in waters or wetlands of the State. Continuation of the unauthorized activities may result in civil penalties or other legal action against you. In order to resolve this matter you are requested to remove the unauthorized fill ( construction debris, waste material, stumps, etc.) from the wetlands and apply for the proper authorization to construct the pond or restore the impacted wetland areas. You are requested to respond to this letter within 10 days as to your intentions and actions to resolve this matter and abate continuing violations. Environmental Sciences Branch 4401 Reedy Creek Road Raleigh, North Carolina 27607 Telephone 919-733-9960 FAX # 733-9959 An Equal Opportunity Affirmative Action Employer 50% recycled/109o post consumer paper A follow-up site visit will be made in the immediate future to determine if you have complied with this request. Your cooperation in resolving this violation as quickly as possible is appreciated. By copy of this letter we are requesting that the Division of Solid Waste look into possible violations of State law regarding the disposal of waste materials on your property. The US Army Corps of Engineers is also being notified of this action and is requested to place any project reviews for this property on administrative hold. Should you have questions about this action please contact me or Pete Colwell at (919) 733-1786 or Ken Averitte at our Fayettville Regional Office (910) 486-1541. Sincerely, n R. orney W ter Quality Certi i ation Program cc: Central Files Ken Averitte, DWQ Fayetteville Regional Office Ilse Guyton, DSW Fayetteville Regional Office Pete Colwell, DWQ Raleigh Central Office, Jeff Richter, USACOE Wilmington Field Office Jill Hickey, NC Attorney General's Office downing.vio D. Laurence Downing (1926-1967) Harold D. Downing Edward J. David Malthew J. Cockman Thaddeus N. Downing Downing, David, Lockman & Downing ATTORNEYS AT LAW 219 DICK STREET HFRI LACE SQUARE FAYETTEVILLE, NORTH CAROLINA 28301 November 7, 1996 Mr. Ken Averitte Division of Water Quality Dept. of Environment, Health & Natural Resources Wachovia Bank Building, Suite 714 225 Green Street l'ayetteville, North Carolina 28301 Re: Dean Downing/River Road Dear Mr. Averitte: REt%EI vty'i NOii 12100 MAILING ADDRESS RO. Box 55 Fayetteville, N.C. 28302 Telephorm (910) 483-1319 Fax No. (910) 4:33.2436 ENV,r 6 HONMEN)At. SCyE'rV(F:S My client received the enclosed letter with relcrence to property located off River Road. Please be assured that considerable efforts have been and continue to be expended addressing all problems noted in the letter Crom DI--'I IN IZ. Approximately, three to four months ago, and prior to your September 4th inspection, a local surveyor, George Lott, was contracted to survey the Subject property. Because of other work and the hurricanes, Mr. Lott has not conlplCLCd the survey. It is Mr. Downing's understanding that no application for any of the referenced permits may be made without a fue?, completed survey. As soon as he has the survey, he will apply for all appropriate permits. After your September 4th meeting, Mr. Downing contracted with Ricky Lee Hauling and construction dcbri-z--?s_ _r_e_movejPfront the property. Apparently, there has been additional dumping and allother 11au ei has been contracted to renlovC the 11Cw debris. Mr. Downing has also taken steps to Lrevcnt fUtllrC d?nping. Unfortunately, the property is practically impossible aft?av 5D. to secure due to its sire and rote location. 11' luturC dumping occurs, Mr. Downing will Z remove debris as he becomes aware of it. VJ It is my understanding that no additional wort: has been clone on the pond and that everything is essentially on hold until a conlplCtcd survey is received. I hope you find all immediate concerns have been promptly and properly addressed. p `z ? i l "14 v Mr. Ken Averitte November 7, 1996 Page Two If different or additional steps need to be taken, please contact either me or Mr. Downing; immediately so that proper action may be taken. Unless we hear otherwise, debris will be removed, work on the pond will remain halted and permits will be applied for when a survey is re ervec .- -^- Thank you for your prompt and courteous attention to these matters; and, if we may answer any questions or provide additional information, please do not hesitate to call. Very trUly yours, Thad P. Downing Downing, David, Cockman & Downing "I'I'D/ct cc: John R. Dorney Ike Guyton Pete Colwell Jeff Richter Jill Hickey State of North Carolina Department of Environment, Health and Natural Resources AS4 Division of Water Quality Ja ales B. Hunt, Jr., G ove mor Jonathan B. Howes, Secretary A. Preston Howard, Jr,, RE., Director October 25,1996 CERTIFIED MAIL RETURN RECEIPT REQUESTED Mr. Dean Downing 412 Oak Ridge Ave. Fayettville, NC 28305 SUBIACT.., ,,tNotice of Violation and Request to Cease UAWgt(4QW1o&v0 Activity Section 401 Water Quality Certification Excavation and Filling of Wetlands off River Road Cumberland County Dear Mr, Downing: Information gathered by the. Division of Water Quality (DWQ) indicates that you have undertaken unauthorized activities in waters and/or wetlands of the State in violation ol'Section 401 of the [lean Water Act. No put;son may undertake activities requiring a Foderal Permit for work within the waters or wetlands of the State: without first obtaining a 401 Water Quality Certification from the Division of Water Quality (North Carolina Administrative Code T15A: 02H.U500), On September 4, 1996 Jeff Richter with the US Anny Corps of Engineers (USACOE), Ken Averitte with DWQ Fayetteville Office, and Pete Colwell from this office met with you on your property off River Road behind Riverside Estates in Cumberland County to discuss the unauthorised excavation of a pond in wetlands and the unauthorized filling of wetlands at the southern end of the pond. It is estimated that you have impacted e145 of wetlands. Luting the September 4 tl1ceting you were told that M to ould be needed for the pond and that the construction ebris and waste l` material would need to be removed from the wetlands, You indicated that the dumping was being done. without your know'ledgte and would be reiniwcd as soon as possible. On October 22, 1996 Pete Colwell made wiother site visit and found that several additional loads of shcetrock and debris had been dumped on the previous pile of debrt.; In wetlands. Our rt:cords also show that nu application has !: •cn made for authorization of the pond. It is hereby requested that you Ceasc told Desist any norther unauthorized activities in waters or wetlands of the Statc, ContiliUalion of the unauthorized activities may result in civil penalties or other legal action against you. In order to resolve this matter you are requested to remove the unauthorized till ( construction debris, waste matetial, stumps, etc.) from the wetlands ;end apply f0l' the proper authorization to construct the pond or restore: the impacted wctlund are;ts. You are requested to respond to this letter within 10 clays as to your intentions and actions to rosolve this matter and abate continuing violations. LnvirurgnCgtal sciences Branch 4401 Reedy Creek Ruad Raleigh, Nurth CArurina 27607 'relephone 919.733.9960 FAX # 733.9959 Au hquld Oppor(uAUy A(I'ir(nmive A,DUn 1:mplu)vr 50% reuyclm/lt7% pull CunrUrner papt'r A follow-up situ visit will he made in the immediate future; to determine if you have complied with this request. Your cooper.-aiOn ill rt:SOlvir7iK this violation as yui4k.ly as POSSible is appr4viated, By copy of this letter we are requesting that the Division of Solid Waste; look into possible violations of State law regarding the disposal of waste materials on your property, I1te US Army Corps of Engineers is also being notified of this action and is requested to place any project reviews for this property on administrative held. Should you havo questions about this action please contact me or Pete Colwell at (919) 7:33-1786 or Ken Averit_te at our Fayettville Regional Office (910) 486-1541. Sincerely, tL i R. o >)e yV W ter Quality C:erti t ation Program cc: Central Files Ken Averitte, DWQ Fayetteville Regional Office Ike Guyton, DSW Fayetteville Regional Office Pete Colwell, DWQ Raleigh Central Office Jeff Richter, USACOE Wilmington Field Office Jill Hickey, NC Attomey General's Office downing.vio Al A"H y? Ole Downing, David, Cockman & Downing D. Laurence Downing (1920-1967) Harold D. Downing Edward J. David Mallhew ). Cockman Thaddeus R Downing ATTORNEYS AT LAW 219 DICK STRFET HFRI [AGE SQUARE FAYETTEVILLE, NORTH CAROLINA 28301 MAILING ADDRESS P.O. Box 55 Fayetteville, N.C. 28302 November 7, 1996 Mr. Ken Averitte Division of Water Quality Dept. of Environment, Health & Natural Resources Wachovia Bank Building, Suite 714 225 Green Street Fayetteville, North Carolina 28301 Re: Dean Downing/River Road Dear Mr. Averitte: Telephone (910) 483-1'319 Fax No. (910) 433-2436 R,! FC C m 1 644//80 , 1996 My client received the enclosed letter with reference to property located off River Road. Please be assured that considerable efforts have been and continue to be expended addressing all problems noted in the letter Crone DI I-INR. Approximately, three to tour months ago, and prior to your September 4th inspection, a local surveyor, George Lott, was contracted to survey the subject property. Because of other work and the hurricanes, Mr. Lott has not completed the survey. It is Mr. Downing's understanding that no application for any of the referenced permits may be made without a completed survey. As soon as he has the survey, he will apply for all appropriate permits. After your September 4th meeting, Mr. Downing contracted with Ricky Lee Hauling and construction debris was removed front the property. Apparently, there has been additional dumping and a110tilCl- Ilauler has been contracted to remove the flew debris. Mr. Downing has also taken steps to prevent future dumping. Unfortunately, the property is practically impossible to secure due to its sire and remote location. II' future dumping occurs, Mr. Downing will remove debris as he becomes aware of it. It is my understanding that no additional work has been done on the pond and that everything is essentially on hold until a completed survey is received. I hope you find all inlnlediate concerns have been promptly and properly addressed. .r Mr. Ken Averitte November 7, 1996 Page Two If'different or additional steps need to be taken, please contact either me or Mr. Downing immediately so that proper action may be taken. Unless we hear otherwise, debris will be removed, work on the pond will remain halted and permits will be applied for Nvhen a survey is received. Thank you for your prompt and courteous attention to these matters; and, if we may answer any questions or provide additional information, please do not hesitate to call. Very truly yours, Thad 1'. Downing Downing, David, C'ocknuu? BSc Downing TPD/ct cc: John R. Donley Ike Guyton Pete Colwell Jeff Richter Jill I-lidwy J State of North Carolina Department of Environment, Health and Natural Resources 1 • • Division of Water Quality A90-4 W-Aft'" Ja tries B. Hunt, Jr., G ove mot Jonathan B. Howes, Secretary C:> F= F1 A. Preston Howard, Jr,, P.E., Director ?""-+r October 25,1996 CERTIFIED MAIL RETURN RECEIPT REQUESTED Mr. Dean Downing 412 Oak Ridge Ave. Fayettville, NC 28305 SUB)F=-.,, :,;fNotice of Violation and Request to Cease Uaigt44W L¢ Activity Section 401 Water Quality Certification Excavation and Filling of Wetlands Off River Road Cumberland County Dear Mr. Downing. Information gathered by the. Division cif Water Quality (DWQ) indicates that you have undertaken unauthorized activities in waters and/or wetlands of the State in violation of Section 401 of the Clean Water Act. No pet;mi may undertake activities requiring a Foderal Permit for work within the waters or WcLlands of the State without first obtaining a 401 Water Quality Certification from the Division of Water Quality (North Carolina Administrative Code T15A: 02FI.0500), On St tember 4, 1996 Jeff Richtei with tho US Arrny Corps of Engineers (USACOE), Ken Averitte with DWQ Fayetteville Office, and Pete Colwell from this office met with you on your property off River Road behind Riverside Estates in Cumberland County to discuss the unauthorised excavation of a pond in wetlands and the unauthorized tilling of wetlands at the southern end of the pond. It is estimated that you have impacted ,acres of wetlands. Dwing the. Suptembcr 4 rncetin you vye% told that to> otild be needed for the pond and that the construction debtis and waste material would need to be removed from the wetlands. You indicated that the dumping was being, done, N ithout your knowledge and would be removed as soon as possible. On October 22, 1996 Pct: Colwell made wiother site visit and found that several additional loads of shectrock and dehiis had been dun,pud on the previous pile of debris in wetlands. Our records also show that nu application has lx vn made for authorization rat' thy: pond. It is hereby requested that you Cease :uid Desist any further unauthorized activities in waters or wetlands of the State, Continuation of the unauthorized activities may result in civil penalties or other legal action against you. In order to resolve this matter you are requested to remove the unauthorized fill ( construction debris, waste material, stumps, etc.) from the wetlands tnd apply foi- the proper authorization to construct the pond or restore the impacted wetland areas. You are requested to respond to this letter within 10 clays as to your intentions and actions 10 W.S01vc this matter and abate continuing violations. Enviriiti mental sciences Branch 4401 Reedy Crank Road Raleigh, North Carolina 27607 'relcphone 919.733.9960 FAX # 733.9959 An hqurl GppPrl00Y Afl',rrum,ve 1cr400 f:mpluynr 50%, recycled/10% puu coprUtOer paper J A follow-up sito visit will be made in the immediate future to determine if you have complied with this request. Your cooper.ition in resolving this violation us qui4kly as possible is appre4iiaLed. By copy of this letter we are requesting that the Division of Solid Waste look into possible violations of State law regarding the disposal of waste materials on your property. T'he US Army Cotes of Engineers is also being notified of this action and is requested to place any project reviews for this property on administrative held. Should you have. questions about this action please contact me or Pine Colwell at (919) 73:3-1786 or Ken Averitte at our Fayettville Regional Office (910) 486-1541. Sincerely, w +R o vy lity Ce.rti t ation Program cc: Central Files Ken Averitte, DWQ rayettevilli Regional Office. Ike. Guyton, DSW Fayetteville Regional Office Pete Colwell, DWQ Raleigh Central Office Jeff Richter, LISACOE Wilmington Field Office Jill Hickey, NC Attorney General's Office downing.vio C 1-4 71c," -1 rU/C DEPARTMENT OF THE ARMY WILMINGTON DISTRICT, CORPS OF ENGINEERS P.O. BOX 1890 WILMINGTON, NORTH CAROLINA 28402-1890 IN REPLY REFER TO October 27, 1997 Regulatory Division Action ID Nos. 199603691 and 199706142 Larry and Drucilla Hadden 700 Amethyst Court Fayetteville, North Carolina 28311-6801 Dear Mr. and Mrs. Hadden: Np ,? 0YJ?l Please reference your letter dated September 22, 1997, concerning your property containing wetlands adjacent to a tributary of the Cape Fear River, located at 1533 Pepperchase Drive (Lot 7) in the Riverside Estates Subdivision, in Fayetteville, Cumberland County, North Carolina. In response to your inquiry, the Corps of Engineers does not have a formal appeal process for regulatory decisions. Your proposal has been circulated for public review, including Federal and State agency review. Our determination that your proposed work cannot be authorized by Department of the Army permit is a result of this process in accordance with Section 404 of the Clean Water Act. If you wish to contest this decision, your recourse is to file an action in Federal Court. Based on this decision, the restoration of jurisdictional wetlands impacted by your unauthorized work must commence within thirty days of your receipt of this letter. Failure to comply with this request may result in referral to the United States Attorney with a recommendation for civil prosecution. Should you have any questions or desire to meet concerning this matter, please contact Mr. Jeff Richter of my Wilmington Field Office at telephone (910) 251-4636. Sincerely, Michael D. Smith Assistant Chief Regulatory Division Copies Furnished: United States Attorney Eastern District of North Carolina 300 New Bern Avenue Suite 300, Federal Building Raleigh, North Carolina 27611 Mr. John Hefner 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. William Cox, Chief Wetlands Regulatory Section-Region IV Wetlands, Oceans and Watersheds Branch U. S. Environmental Protection Agency Atlanta Federal Center 61 Forsyth Street, SW Atlanta, Georgia 30303 Regional Director National Marine Fisheries Services, NOAA 9721 Executive Center Drive N. Saint Petersburg, Florida 33702-2449 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 -2- Mr. Pete Colwell Division of Water Quality North Carolina Department of V Environment, Health, and Natural Resources 4401 Reedy Creek Road Raleigh, North Carolina 28607 Mr. Ken Averitte Division of Water Quality North Carolina Department of Environment, Health, and Natural Resources Suite 714, Wachovia Building Fayetteville, North Carolina 28301 State Property Section North Carolina Department of Administration 116 West Jones Street Raleigh, North Carolina 27603 Mr. Dean Downing 412 Oak Ridge Avenue Fayetteville, North Carolina 28305 State of North Carolina Department of Environment, Health and Natural Resources A 4 • • Division of Water Quality rr James B. Hunt, Jr., Governor 1 Wayne McDevitt, Secretary p E H N R A. Preston Howard, Jr., P.E., Director August 4, 1997 CERTIFIED MAC RETURN RECEIPT REQUESTED Larry and Drucilla Hadden 700 Amethyst Court Fayetteville, NC 28311 SUBJECT: Section 401 Water Quality Certification Lot 7, Riverside Estates Cumberland County Dear Mr. and Mrs. Hadden: On May 19, 1997, the Division of Water Quality (DWQ) received the Public Notice for your US Army Corps of Engineers Individual Permit to fill approximately 0.9 acres of wetlands in order to construct a single family home on Lot 7 in Riverside Estates off SR 1714 near Fayetteville, NC. Difficulties in sorting out the cumulative wetland impacts within the Riverside Estates Subdivision have led to delays in making a formal decision on the 401 Water Quality Certification for your Individual Permit request. According to North Carolina Administrative Code T15A: 02H.0507(a), all applications for certification shall be granted or denied within 60 days after receipt at the offices of the Director in Raleigh. It has been greater than 60 days after since the receipt of your application in this office. Therefore the Division hereby waives the 401 Water Quality Certification requirement for your COE Individual Permit. However, the Division maintains its objections to your project as proposed and recommends that the COE deny your request for authorization to fill all the wetlands on Lot 7. The Division's objections are based on the utilization of existing uplands on the lot and the failure to minimize the wetland impacts on your property. Based on the "Guidance For Rating the Values of Wetlands in North Carolina" (NCDEHNR Report No. 95-01) those wetlands on your property have significant functions in water storage, pollutant removal, and wildlife habitat. Water storage and pollutant removal are important functions to protecting the water quality downstream of the Subdivision. Also, because of the cumulative impacts to wetlands within the Riverside Estates Subdivision and the water quality value of the existing wetlands on your property, the Division will also recommend to the COE that compensatory mitigation be required for excessive wetland impacts on your property. @Wrormental Sciences Branch • 4401 Reedy Creek Road Raleigh, North Carolina 27607 Telephone 919-733-9960 FAX # 733-9959 An Equal Opportunity Afttrrwthre Action Employer 50% recycled/10% post consumer paper -A .. Should you have questions about this action please contact Ken Averitte at the DWQ Fayetteville Regional Office (910) 486-1541 or Pete Colwell at (919) 733-1786. T ' ly, Dorney Quality Ce tion Program cc: Central Files Ken Averitte, DWQ Fayetteville Regional Office Pete Colwell, DWQ Raleigh Central Office Jeff Richter, USACOE Wilmington Field Office Jill Hickey, NC Attorney General's Office DEPARTMENT OF THE ARMY WILMINGTON DISTRICT, CORPS OF ENGINEERS P.O. BOX 1890 WILMINGTON, NORTH CAROLINA 2840 -1890 IN REPLY REFER TO August 27, 1997 Regulatory Branch Action ID No. 199603691 and 199706142 'J Larry and Drucilla Hadden 700 Amethyst Court Fay-,ttrville, North Carolina 28311-6801 Dear Mr. and Mrs. Hadden: RECEIVED SEP 0 8, 1997 ENVIRON'Afn pglgC s Reference your application for Department of the Army (DA) authorization to discharge fill material in wetlands adjacent to a tributary of the Cape Fear River, Lot No. 7, Riverside Estates, Fayetteville, Cumberland County, North Carolina. Based on avoidable adverse environmental impacts anticipated as a result of your proposed placement of fill material in approximately 22,500 square feet (0.52 acre) of jurisdictional wetlands, your request for DA authorization is hereby denied. These adverse wetland impacts include degradation of water quality, destruction of fish and wildlife habitat, reduction in floodwater storage area and resultant increase in downstream flood events, and resultant poor upland drainage. Additionally, although the North Carolina Division of Water Quality (NCDWQ) waived the required Clean Water Act Section 404 Water Quality Certification, this State agency, which has the responsibility for maintaining State Water Quality Standards, recommended denial of Federal authorization. You must remove the unauthorized fill material stockpiled in wetlands on your property. Until you have satisfactorily complied with this directive, no further permit applications for your proposed house construction will be accepted. All fill material must be removed to an approved, stabilized high ground retention area and all pre-project wetland elevations must be restored. This includes restoring excavated areas to original elevation by refilling with native fill material. It may be necessary to plant wetland vegetation to immediately stabilize the restored area, to control sedimentation and to prevent eroded material from entering the wetlands. A determination as to the location and amount of planting will be made upon satisfactory removal of all unauthorized fill. Restoration work must be completed within thirty (30) days of your receipt of this letter. -2- After your violation has been satisfactorily restored, we will be glad to work with you to resolve the problem of locating a residence, driveway access and other related amenities on your property. Making the maximum use of your high ground will be a prerequisite for obtaining the required DA permit. Questions may be addressed to Mr. Jeff Richter, Wilmington Field Office, telephone (910) 251-4636. Sincerely, Terry R. Youngbluth Colonel, U. S. Army District Engineer 4r Copies Furnished: Mr. John Dorney Division of Water Quality North Carolina Department of Environment, Health, and Natural Resources 4401 Reedy Creek Road Raleigh, North Carolina 27607 U. S. Attorney Eastern District of North Carolina 310 New Bern Avenue Suite 800, Federal Building Raleigh, North Carolina 27611 Mr. John Hefner 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 Protection Section-Region TV Water Management U.S. Environmental Protection Agency Atlanta Federal Center 61 Forsyth Street Atlanta, Georgia 30303 Regional Director National Marine Fisheries Services, NOAA 9721 Executive Center Drive N. Saint Petersburg, Florida 33702-2449 -3 - 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 Ken Averitte Division of Water Quality North Carolina Department of Environment, Health, and Natural Resources Suite 714, Wachovia Building Fayetteville, North Carolina 28301 Mr. Dean Downing 412 Oak Ridge Avenue Fayetteville, North Carolina 28305 rage o've ?91? Sro??ayoQ alo?,ce ege? Vayet'to r,?1 Q State of North Carolina Department of Environment, Health and Natural Resources Division of Water Quality James B. Hunt, Jr., Governor Wayne McDevitt, Secretary A. Preston Howard, Jr., P.E., Director [D FE F1 August 4, 1997 CERTIFIED MAIL RETURN RECEIPT REQUESTED ry and Drucilla Hadden Amethyst Court etteville, NC 28311 BJECT: Section 401 Water Quality Certification Lot 7, Riverside Estates Cumberland County it Mr. and Mrs. Hadden: On May 19, 1997, the Division of Water Quality (DWQ) received the Public Notice for ,r US Army Corps of Engineers Individual Permit to fill approximately 0.9 acres of wetlands in er to construct a single family home on Lot 7 in Riverside Estates off SR 1714 near retteville, NC. Difficulties in sorting out the cumulative wetland impacts within the Riverside ates Subdivision have led to delays in making a formal decision on the 401 Water Quality tification for your Individual Permit request. According to North Carolina Administrative de T15A: 02H .0507(a), all applications for certification shall be granted or denied within 60 rs after receipt at the offices of the Director in Raleigh_ It has been greater than 60 days after ;e the receipt of your application in this office. Therefore the Division hereby waives the 401 .ter Quality Certification requirement for your COE Individual Permit. However, the Division maintains its objections to your project as proposed and ommends that the COE deny your request for authorization to fill all the wetlands on Lot 7. Division's objections are based on the utilization of existing uplands on the lot and the failure minimize the wetland impacts on your property. Based on the "Guidance For Rating the lues of Wetlands in North Carolina" (NCDEHNR Report No. 95-01) those wetlands on your perty have significant functions in water storage, pollutant removal, and wildlife habitat. °r storage and pollutant removal are important functions to protecting the water quality tream of the Subdivision. Also, because of the cumulative impacts to wetlands within the Estates Subdivision and the water quality value of the existing wetlands on your 'he Division will also recommend to the COE that compensatory mitigation be required wetland impacts on your property. -:;I Sciences Branch • 4401 Reedy Creek Road Raleigh, North Carolina 27607 919-733-9960 FAX # 733-9959 An Equal Opportu- y Aff nxrtlve Action Employer 50% recycled/10% post consumer paper 4W 4. State of North Carolina Department of Environment, Health and Natural Resources Division of Water Quality James B. Hunt, Jr., Governor Wayne McDevitt, Secretary A. Preston Howard, Jr., P.E., Director A4 4?jj ?EHNR August 4, 1997 CERTIFIED MAIL RETURN RECEIPT REQUESTED Larry and Drucilla Hadden 700 Amethyst Court Fayetteville, NC 28311 SUBJECT: Section 401 Water Quality Certification Lot 7, Riverside Estates Cumberland County Dear Mr. and Mrs. Hadden: On May 19, 1997, the Division of Water Quality (DWQ) received the Public Notice for your US Army Corps of Engineers Individual Permit to fill approximately 0.9 acres of wetlands in order to construct a single family home on Lot 7 in Riverside Estates off SR 1714 near Fayetteville, NC. Difficulties in sorting out the cumulative wetland impacts within the Riverside Estates Subdivision have led to delays in making a formal decision on the 401 Water Quality Certification for your Individual Permit request. According to North Carolina Administrative Code T15A: 02H.0507(a), all applications for certification shall be granted or denied within 60 days after receipt at the offices of the Director in Raleigh. It has been greater than 60 days after since the receipt of your application in this office. Therefore the Division hereby waives the 401 Water Quality Certification requirement for your COE Individual Permit. However, the Division maintains its objections to your project as proposed and recommends that the COE deny your request for authorization to fill all the wetlands on Lot 7. The Division's objections are based on the utilization of existing uplands on the lot and the failure to minimize the wetland impacts on your property. Based on the "Guidance For Rating the Values of Wetlands in North Carolina" (NCDEHNR Report No. 95-01) those wetlands on your property have significant functions in water storage, pollutant removal, and wildlife habitat. Water storage and pollutant removal are important functions to protecting the water quality downstream of the Subdivision. Also, because of the cumulative impacts to wetlands within the Riverside Estates Subdivision and the water quality value of the existing wetlands on your property, the Division will also recommend to the COE that compensatory mitigation be required for excessive wetland impacts on your property. Environmental Sciences Branch • 4401 Reedy Creek Road • Raleigh, North Carolina 27607 Telephone 919-733-9960 FAX # 733-9959 An Equal Opportunity Affirmative Action Employer 50% recycled/10% post consumer paper Should you have questions about this action please contact Ken Averitte at the DWQ Fayetteville Regional Office (910) 486-1541 or Pete Colwell at (919) 733-1786. S' e ly, W ter Quality Ce tion Program cc: Central Files Ken Averitte, DWQ Fayetteville Regional Office Pete Colwell, DWQ Raleigh Central Office Jeff Richter, USACOE Wilmington Field Office Jill Hickey, NC Attorney General's Office AL . T -P c e ? DEPARTMENT OF THE ARMY Wilmington District, Corps of Engineers Post Office Box 1890 Wilmington, North Carolina 28402-1890 Action ID No. 199706142 May 15, 1997 PUBLIC NOTICE Mr.LARRY HADDEN AND MS. DRUCILLA HADDEN, 700 Amethyst Court, Fayetteville, North Carolina, 28311-6801, have applied for a Department of the Army (DA) after-the-fact permit TO DISCHARGE FILL MATERIAL IN WETLANDS ADJACENT TO A TRIBUTARY OF THE CAPE FEAR RIVER, AT LOT NO. 7, PEPPERCHASE DRIVE, RIVERSIDE ESTATES SUBDIVISION, OFF RIVER ROAD IN FAYETTEVILLE, Cumberland County, North Carolina. This public notice does not imply, on the parts of the Corps of Engineers (COE) or other agencies, either favorable or unfavorable opinion of the work performed; but it is issued to solicit comments regarding the factors on which a final decision will be based. Legal action has been suspended pending the outcome of this consideration. The following description of the work is taken from data provided by the applicant and from observations made during onsite visits by representatives of the Corps of Engineers (COE). Plans submitted with the application show that the applicants propose the discharge of fill material to a depth of one foot over approximately 22,500 square feet of wetlands within a 180-foot-long by 125-foot-wide area of a building lot. The fill material is presently stock-piled in wetlands on the road side of the property. Plans submitted with the application do not clearly show the specific location or size of the fill area within the lot. Previously, the applicants sought Department of the Army (DA) authorization pursuant to nationwide permit ((NWP) no. 18 to fill all wetlands, approximately 0.9 acre, on the lot. This request was determined to be in non-compliance with the conditions of NWP no. 18 because it did not avoid and minimize adverse impacts to wetlands. Available on-site high ground was not proposed to be used to the maximum extent practicable. After receipt of the COE determination of non-compliance with the NWP, the applicants began filling wetlands and digging ditches to drain the property. Submittal of a revised application, advertised herein, resulted after COE requests to stop the unauthorized work. As shown in the plans, the applicants have not attempted to avoid adverse impacts to wetlands by maximizing the use of available high ground. The applicants do not propose filling all wetlands on the property, but no compensatory mitigation for unavoidable adverse impacts has been proposed. Wetlands to be impacted are located in the headwaters of the Cape Fear River's tributary. Development of the subdivision's infrastructure, including roads, utility lines, and initial lot preparation, has resulted in impacts to greater than three acres of headwater wetlands. These impacts, completed at the time of the initial COE investigation, were determined, after-the-fact, to be in compliance with NWP no. 26. The wetlands proposed to be impacted are vegetated with species including red maple (Acer rubrum), black gum (Nyssa sp), loblolly pine (Pinus taeda), sweetgum (Liguidambar styraciflua), poplar (Liriodendron tulivifera), Smilax spp., and Carex spp. Water to a depth of 3 inches ponds on most of the wetlands. Ponding has probably been increased as a result of construction of the subdivision infrastructure. Soils are classified in the Cumberland County Soil Survey as Roanoke and Wahee loams, poorly and somewhat poorly drained, respectively. The purpose of the work is to prepare a building lot for construction of a private residence. Plans showing the work are included with this public notice. The State of North Carolina will review this public notice to determine the need for the applicant to obtain any required State authorization. No DA permit will be issued until the coordinated State viewpoint on the proposal has been received and reviewed by this agency, nor will a DA permit be issued until the North Carolina Division of Water Quality (NCDWQ) 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 2 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. COE 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 COE 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 (EA) and/or an Environmental Impact Statement (EIS) pursuant to the National Environmental Policy Act (NEPA). 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 NCDWQ issues, denies, or waives State certification required by Section 401 of the Clean Water Act. The NCDWQ 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 NCDWQ for certification. Additional information regarding the Clean Water Act certification may be reviewed at the offices of the Environmental Sciences Branch, NCDWQ, 4401 Reedy Creek Road, Raleigh, North Carolina. Copies of such materials will be furnished to any person requesting copies upon payment of reproduction costs. The NCDWQ plans to take final action in the issuance of the Clean Water Act certification on or after June 9, 1997. 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 Water Quality, 4401 Reedy Creek Road, Raleigh, North Carolina 27611-7687, on or before June 6, 1997, Attention: Mr. John Dorney. Written comments pertinent to the proposed work, as outlined above, will be received in this office, Attn: Mr. Jeff Richter, until 4:15 p.m., June 10, 1997, or telephone (910) 251-4636. 3 f AD I a •1 ~?3 i • I I t I I i i I 1 i I r' . ?• 3 Dunn L I o n IOL , .t? !•tir ?tRtp s n r 1 ,. ,? ?...... _..._..- - .. % kA 1 44 y?. 1. Z• • C b N ? ?i 34 I i i ew, A ^%I y ! /O,. ?_/ two 4?e nl ,,oR7 + Dta?r LLA m. 1-tp?D- Su 8 DsVrSla nl RTVEaSIDE tSTAiES P4VL7'TEVILLE NC JDLA-r -Book 85 PACE (3 U a oc? vv elk; -? -7 0?- 3 ?? 3 r L_ I 3DIlON :)nand d SI SIHl UN` it OdWl LU au 6 b L99L-TT9LZ ON 'HOIH'IVH _ U) C T d NHHUO AaHHH T O P P } v., ¢ AaN'dOQ NHOI' ' 2HH : NI I V ONVN 'IFI,I,NHNNOHIANH JO AIQ C) Q o °? SRDH lOSaU 'IVUnI`dN (INV ' pG HlgVHH ZNHNNOUTANH dO ZdHa ON g w Z66T00 ODMVS SS3NISna iyaijo 0681-ZOg8Z `dN IOWD HiSON 'NWONIW1IM 0681 XCA 'Qd NOlJNIW1IM IRIS SIG Sa3NIJN3 kWSV *s*n 83NIJN3 IDMS14 .11 4EMORANhUM PRINT NAMES Reviewer C0: JOHN DORNEY WQ SUPV. ENVIRONMENTAL SCIENCES BRANCH DATE: p?7 SUBJECT: WETLAND STAFF REPORT AND RECOMMENDATIONS ?F ***EACH ITEM MUST BE ANSWERED (USE N/A FOR NOT APPLICABLE) *** PERMIT YR: 96 PERMIT NO: 0000694 COUNTY: CUMBERLAND APPLICANT NAME: LARRY & DRUCILLA HADDEN PROJECT TYPE: RESIDENTIAL FILL PERMIT TYPE: IND. COE #: 199706142 DOT #: RCD_FROM _CDA: COE DATE_FRM_CDA: 05/19/97 REG OFFICE: FRO ZIVER AND SUB BASIN #: 030615 STR INDEX N0: 18-(23.5) STREAM CLASS: WSIV WL IMPACT? : Y/N WL TYPE: WL_REQUESTED: WI._ACR_EST? : ?N WL_SCORE M : !5r(, WATER IMPACTED BY FILL?: Y N MITIGATION?: Y,) MITIGATION-TYPE: O( MITIGATION-SIZE: DID YOU REQUEST MORE INFO?: Y/N IS WETLAND RATING SHEET ATTACHED?:?N HAVE PROJECT CHANGES/CONDITIONS BEEN DISCUSSED WITH APPLICANT?: Y/N RECOMMENDATION (Circle One): ISSUE ISSUE/COND ENY COMMENTS: i£C cS < ? ?? Fo ?Fs t - _ /7ev. Regional Office Central Files MORANDUM PRINT NAMES: Reviewer: 1: JOHN DORNEY WQ SUPV.: ENVIRONMENTAL SCIENCES BRANCH DATE: IBJECT: WETLAND STAFF REPORT AND RECOMMENDATIONS ***EACH ITEM MUST BE ANSWERED (USE N/A FOR NOT APPLICABLE) *** V. PERMIT YR: 96 PERMIT NO: 0000694 COUNTY: CUMBERLAND APPLICANT NAME: LARRY & DRUCILLA HADDEN PROJECT TYPE: PERMIT TYPE: A W 2-41:1 O COE #: DOT #: FROM _CDA: RCD APP DATE_FRM_CDA: 07/19/96 _ REG OFFICE: FRO :VER AND_SUB_BASIN_#: 030(0 /? STR_INDEX NO: STREAM-CLASS: C WL IMPACT?: (9/N WL_TYPE: Wk) F WL REQUESTED : 4 9 kc .? WL_ACR_EST? : (DN WL_SCORE(#) : WATER IMPACTED BY FILL? :`'l" ,4' MITIGATION?: Yt/ MITIGATION_TYPE:/j¢ MITIGATION-SIZE: DID YOU REQUEST MORE INFO?: Y IS WETLAND RATING SHEET ATTACHED?/ ( 5y? HAVE PROJECT CHANGES/CONDITIONS BEEN DISCUSSED WITH APPLICANT?: Yd) ooT y RECOMMENDATION (Circle One): ISSUE ISSUE/COND ENY ;OMMENTS: Regional Office Central Files The applicant had discussed this project at length with Matt Flint prior to his departure. They are the unfortunate purchasers of a lot in a O'development that was planned without wetland considerations. Roads, utilities, etc. were being put in when this project was discovered by the COE. After-the-fact NW permits were to be used for coverage of the existing impacts, consuming most of the readily available NW 26. Basically, the Haddens own a lot that is about three quarters wet, on an intermittent stream. The application says it was dry in May, and it was dry on the day of the visit. However, there are water marks on the trees, along with several other indicators. (Aside from the fact that I've seen this place under water.) Extensively ditched farm fields are upstream of this lot and apparently drain through the site. There is what appears to be a wet weather stream bed (channel) going through the lot. Matt and I have talked this project over on a couple of occasions. Mrs. Hadden is not at all receptive to minimization. She contends that some family member can assist in providing the necessary fill, and she is apparently willing to pipe the wet weather flow. (I think if she would have a little survey work done she might find that this is not practical.) It would be reasonable to allow minimal fill in order to access the high ground at the back of this property, plus incidental fill in order to meet minor house and landscape needs. However, it is not in the best interest of water quality to approve wholesale fill on this site. The developer, Danny Nolan, is out of the picture, and Mrs. Hadden apparently feels like she has been "stuck" when other people in the project have done as they pleased. (Can't really blame her.) Due to anticipated arguments over this opinion, it would probably be a good idea for John or Pete to make a visit. Project nam County--4,t - 1=ln .we ?? nv. ;,?prec vii unit R +lt.. .. Nearest road +ct, L , eUan areas Z- acres Wetland width feet ty,, ? rruneral ? -non-sandy= i Floodiii and` ?'semlpe?mai ? t r ? •:?ti,: ??" floo?e? nyturau c r u} t S}Y w t ?S A Y Rwrrt y w. seaSOnally fI00i°Cd4or*inundaea ste"ep topography' Intermlttantfy fioodetl nor temporary • , ?„ .: ' ,surface water .¢ ,y r>', w (? ditched or chanrielized >,?::?;. .. ??• ,}. t, .iif, J f ?'' ,h Sf` `.? . :' a'l't 1C.?k !'J'1 iff *,.4k,,i ?•? to ai wetland width 'Z1 OON _ _ r (] no ev??dence, of flootllr?,g nor surfacer„ ?{?.;.?. ???:•.'??,:,.?:,.?:-_;....Y_'•?t;.?r._ .j t ; ? ?? ??- :?a??.??t.:.}+iiater?.?`?,:?? .?:.???+i,?"? ? .i1?.i.:a7.Y Wetland type (select one)* O Bottomland hardwood forest O Pine savanrr Q-9eadwater forest ? Freshwater Tarsh O Swamp forest ? Bog/fen O Wet flat O Ephemeral vretland [1 oocosin ? Carolina Ba. Q o_g forest ? Other *The rating system cannot be applied to salt or brackish marshes or seam channels R weight Water storage x 4.00 - ?,,,,,? Wetland Score A Bank/Shoreline stabilization x 4.00 !*:-:?_: T Pollutant removal• x 5.00 8 Wildlife habitat x 2.00 -???; Aquatic life value x 4.00 • _ Y,• Recreation/Education _ x 1.00 - KNOOOO" G * Add 1 point if in sensitive watershed and > 10% nonpoint disturbance within 1 /2 mile :pstream, upslope, or radius 57 If . DEPARTMENT OF THE ARMY WILMINGTON DISTRICT, CORPS OF ENGINEERS P.O. BOX 1890 WILMINGTON, NORTH CAROLINA 28402-1890 IN REPLY REFER TO Regulatory Branch June 24, 1997 Subject: Action ID No. 199706142 Larry and Drucilla Hadden 700 Amethyst Court Fayetteville, North Carolina 28311-6801 Dear Mr. and Mrs. Hadden: On April 24, 1997, you applied for Department of the Army (DA) authorization to discharge fill material in approximately 22,500 square feet of wetlands adjacent to a tributary of the Cape Fear River at lot 7 on Pepperchase Drive, in the Riverside Estates Subdivision, Fayetteville, Cumberland County, North Carolina. After review of your proposal, the U.S. Environmental Protection Agency and the National Marine Fisheries Service recommended denial of your application by letters dated June 6 and June 10, 1997 (copies enclosed). These recommendations are the result of anticipated adverse environmental impacts. Our administrative process provides you the opportunity to propose a resolution and/or to rebut any and all objections before a final decision is made. In this regard, I would appreciate being made aware of your intentions in writing on or before July 10, 1997. Mr. Jeff Richter of my staff, telephone (910) 251-4636, is responsible for processing your application and is available to help you in coordinating with the review agencies. Sincerely, Clifford Winefordner Chief, South Section Regulatory Branch Enclosures -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 Mr. Larry Hardy National Marine Fisheries Service Pivers Island Beaufort, North Carolina 28516 Mr. John Hefner U. S. Fish and Wildlife Service Fish and Wildlife Enhancement Post Office Box 33726 Raleigh, North Carolina 27636-3726 Mr. Thomas Welborn, Chief Wetlands Protection Section - Region IV Water Management Division U.S. Environmental Protection Agency Atlanta Federal Center 61 Forsyth Street. Atlanta, Georgia 30303 Mr. John Dorney Division of Water Quality North Carolina Department of Environment, Health, and Natural Resources 4401 Reedy Creek Road Raleigh, North Carolina 27687 Mr. Ken Averitte Division of Water Quality North Carolina Department of Environment, Health, and Natural Resources Suite 714, Wachovia Building Fayetteville, North Carolina 28301 State of North Carolina Department of Environment, Health and Natural Resources MJ • Division of Coastal Management James B. Hunt, Jr., Governor 1DE H N -- Jonathan B. Howes, Secretary Roger N. Schecter, Director May 22, 1997 RECEiVLl1 MEMORANDUM TO: Mr. A. Preston Howard, P. E. Director Division of Water Quality FROM: John R. Parker, Jr. Inland "404" Coordinator SUBJECT: "404" Project Review MAY 2 7 1997 ENVIRONMENTAL SCIENCES The attached U.S. Army Corps of Engineers Public Notice for Action No. 199706142 dated May 15, 1997 describing a proposed project by Mr. Larry Hadden & Ms. Drucilla Hadden 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 6/11/97. If you have any questions regarding the proposed project, please contact me at 733-2293. When appropriate, in-depth comments with supporting data is requested. REPLY This office supports the project proposal No comment. Comments on this project are attached. This office objects to the project as proposed. Signed Date P.O. Box 27687, 1P11• FAX 919-733-1495 Raleigh, North Carolina 27611-7687 N ? C An Equal Opportunity/Afflrmattve Acflon Employer Voice 919-733-2293 ,?? 50% recycled/ 10% post-consumer paper State of North Carolina Department of Environment, Health and Natural Resources 1 ?' • Division of Coastal Management James B. Hunt, Jr., Governor Jonathan B. Howes, Secretary pE?HN R Roger N. Schecter, Director May 22, 1997 MEMORANDUM TO: Mr. A. Preston Howard, P. E. Director Division of Water Quality FROM: John R. Parker, Jr. Inland "404" Coordinator - SUBJECT: "404" Project Review The attached U.S. Army Corps of Engineers Public Notice for Action No. 199706142 dated May 15, 1997 describing a proposed project by Mr. Larry Hadden & Ms. Drucilla Hadden 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 6/11/97. If you have any questions regarding the proposed project, please contact me at 733-2293. When appropriate, in-depth comments with supporting data is requested. REPLY This office supports the project proposal. No comment. Comments on this project are attached. This office objects to the project as proposed. Signed Date P,O. Box 27687, VZ-0 FAX 919-733-1495 Raleigh, North Carolina 27611-7687 N vef C An Equal Opportunity/Affirmative Action Employer Voice 919-733-2293 ?!!! ? 50% recycled/ 10% post-consumer paper DEPARTMENT OF THE ARMY Wilmington District, Corps of Engineers Post Office Box 1890 Wilmington, North Carolina 28402-1890 Action ID No. 199706142 May 15, 1997 PUBLIC NOTICE Mr.LARRY HADDEN AND MS. DRUCILLA HADDEN, 700 Amethyst Court, Fayetteville, North Carolina, 28311-6801, have applied for a Department of the Army (DA) after-the-fact permit TO DISCHARGE FILL MATERIAL IN WETLANDS ADJACENT TO A TRIBUTARY OF THE CAPE FEAR RIVER, AT LOT NO. 7, PEPPERCHASE DRIVE, RIVERSIDE ESTATES SUBDIVISION, OFF RIVER ROAD IN FAYETTEVILLE, Cumberland County, North Carolina. This public notice does not imply, on the parts of the Corps of Engineers (COE) or other agencies, either favorable or unfavorable opinion of the work performed; but it is issued to solicit comments regarding the factors on which a final decision will be based. Legal action has been suspended pending the outcome of this consideration. The following description of the work is taken from data provided by the applicant and from observations made during onsite visits by representatives of the Corps of Engineers (COE). Plans submitted with the application show that the applicants propose the discharge of fill material to a depth of one foot over approximately 22,500 square feet of wetlands within a 180-foot-long by 125-foot-wide area of a building lot. The fill material is presently stock-piled in wetlands on the road side of the property. Plans submitted with the application do not clearly show the specific location or size of the fill area within the lot. Previously, the applicants sought Department of the Army (DA) authorization pursuant to nationwide permit ((NWP) no. 18 to fill all wetlands, approximately 0.9 acre, on the lot. This request was determined to be in non-compliance with the conditions of NWP no. 18 because it did not avoid and minimize adverse impacts to wetlands. Available on-site high ground was not proposed to be used to the maximum extent practicable. After receipt of the COE determination of non-compliance with the NWP, the applicants began filling wetlands and digging ditches to drain the property. Submittal of a revised application, advertised herein, resulted after COE requests to stop the unauthorized work. As shown in the plans, the applicants have not attempted to avoid adverse impacts to wetlands by maximizing the use of available high ground. The applicants do not propose filling all wetlands on the property, but no compensatory mitigation for unavoidable adverse impacts has been proposed. Wetlands to be impacted are located in the headwaters of the Cape Fear River's tributary. Development of the subdivision's infrastructure, including roads, utility lines, and initial lot preparation, has resulted in impacts to greater than three acres of headwater wetlands. These impacts, completed at the time of the initial COE investigation, were determined, after-the-fact, to be in compliance with NWP no. 26. The wetlands proposed to be impacted are vegetated with species including red maple (Ater r r m), black gum (Nyssa sp), loblolly pine (Pinus taeda), sweetgum (Liauidambar styraciflua), poplar (Liriodendron tulipifera), Smilax spp., and rex spp. Water to a depth of 3 inches ponds on most of the wetlands. Ponding has probably been increased as a result of construction of the subdivision infrastructure. Soils are classified in the Cumberland County Soil Survey as Roanoke and Wahee loams, poorly and somewhat poorly drained, respectively. The purpose of the work is to prepare a building lot for construction of a private residence. Plans showing the work are included with this public notice. The State of North Carolina will review this public notice to determine the need for the applicant to obtain any required State authorization. No DA permit will be issued until the coordinated State viewpoint on the proposal has been received and reviewed by this agency, nor will a DA permit be issued until the North Carolina Division of Water Quality (NCDWQ) 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 2 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. COE 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 COE 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 (EA) and/or an Environmental Impact Statement (EIS) pursuant to the National Environmental Policy Act (NEPA). 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 NCDWQ issues, denies, or waives State certification required by Section 401 of the Clean Water Act. The NCDWQ 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 NCDWQ for certification. Additional information regarding the Clean Water Act certification may be reviewed at the offices of the Environmental Sciences Branch, NCDWQ, 4401 Reedy Creek Road, Raleigh, North Carolina. Copies of such materials will be furnished to any person requesting copies upon payment of reproduction costs. The NCDWQ plans to take final action in the issuance of the Clean Water Act certification on or after June 9, 1997. 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 Water Quality, 4401 Reedy Creek Road, Raleigh, North Carolina 27611-7687, on or before June 6, 1997, Attention: Mr. John Dorney. Written comments pertinent to the proposed work, as outlined above, will be received in this office, Attn: Mr. Jeff Richter, until 4:15 p.m., June 10, 1997, or telephone (910) 251-4636. 3 "are T'Rn- N-?•- jtfl J y. l ?t I 0 + ?r ' r. ? r L 1 y 1b w ??'?I ? 7, Il k- Z .2 Z-*,\n C', 3 2 -%k O b 61 r "Ji VIN o- .._/ dwn C-e 1-?a?DEnJ i,,o y?? + 01?4?j LLA M. S u S DSVIS.TD 111 RIVERSIDE tSTATES F AV ETrE VI LLE N C IDLAT -Bnnk 85 PAGE 63 ?C - vv ap EiQGF?pS) vim'/c loD/ ?P/tJ Pr -P 3??3 i i NCWRC,HCP,FALLS LAKE TEL:919-528-9839 Jun 17'97 14:21 No.003 P.02 n Nord-i Carolina Wildlife Resources Commission ® -- 512 N_ Salishtiry Street, Raleigh, North Carolina Z7604-1188,919-7.33-3391 Charles R. Pullwood, Executive Director MEMORANDUM T0: John Dorney N.C. Division of Water Quality ,Tohn Parker N.C. Division of Coastal Management FROM: Franklin T. McBride Habitat Conservation Program DATE: June 10, 1997 SUBJECT: After-the-fact 401 Water Quality Certification and 404 permit application for Larry and Drucilla Haddon, Lot #7, Riverside Estates S/D, off River Road near Fayetteville, Cumberland County, North Carolina, Action ID No, 199706142. The Wildlife Reaourcea Commieaion has complal-.Rd a review of the project and associated impacts on wildlife and fishery resources. A site visit was made on June 10, 1997. Our comments are provided in accordance with provisions of the Fish and Wildlife coordination Act (48 SLaL. 401, as amended; 16 U.S.C. 661 et seq.), Section 401 of the Clean Water Act (arc amended), and North Carolina General Statutes (G.S. 113-131 et seq.) we reviewed an application for 401 Water Quality certification for the prQJecL in Auguet Of 1996 and recommended avoidance and minimization meaostires for 0.5 acre of high quality, wooded, headwater wetlands present on the lot. The U.S. Army Corps of Engineare (USACOE)determined the project to be in non-compliance with the conditions of NWP no. 18. The applicant proceeded to drain and fill wetlands on the property. in addition the applicant has now applied for rafter-the-fact authorization for stockpiling fill material in wetlands along the entire roadfront of the lot, still no compensatory mitigation is proposed. It seems obvioue to thin agency that the applicant fully intended to circumvent wetland rules; therefore, we NCWRC,HCP,FALLS LAKE TEL:919-528-9839 Jun 17'97 14:22 No.003 P.03 DA Action 1D No. 199706142 2 6117/97 recommend that rafter-tho-faot authorization not be granted unless adequate compensatory mitigation is provided. Thank you for the opportunity to comment on this application. if you have questivxia regarding our commento or need additional aeai©tance, ploaAe call me at (91.9) 522- 9736. f ?4 FAX COVER Falls Lake ()ffice Oate Number of parses inc-ludinn cover shr-el NC Wildlife Resources Commission Habitat Conservation Program 1142 1-85 Service Pn;;ri Crpedtnoor, NC 27522 To r 1 ?e-- - Phcre _ N Fax pnorip cc From; Phone 91°-528•t$?i - F2x Phene 919-523-r3?c pr?rur0aaava t C r '? t- _-::: L:: I-ifiic!?i (-i Ur .grit Ci Fcr your review ? R?,iy ;.?A, _ -- W V C ?_ yc,? wee a Cz tcfl l?- V NOTE' NEW US POS-I-AL MAILING ADORES: 1142- 1-d5 5FF;VIc-E ROAD (-Rif r--nmo rF,, NG 27522 1 DEPARTMENT OF THE ARMY WILMINGTON DISTRICT, CORPS OF ENGINEERS P.O. BOX 1890 WILMINGTON, NORTH CAROLINA 28402-1890 IN REPLY REFER TO May 15 , 1997 Regulatory Branch Action ID No. 199706142 n( Mr. John Dorney Division of Water Quality North Carolina Department of Environment, Health, and Natural Resources -- 4401 Reedy Creek Road Raleigh, North Carolina 27611-7687 Dear Mr. Dorney: 00 FAG ??2Tq(, J99? Enclosed is the application of Larry and Drucilla Hadden for Department of the Army authorization and a State Water Quality Certification to place fill material in approximately 0.5 acre of wetlands adjacent to a tributary of the Cape Fear River at lot 7, Riverside Estates subdivision, for the purpose of constructing a single family dwelling, in Fayetteville, Cumberland County, North Carolina. 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. According to our administrative regulations, 60 days is reasonable for State action. Therefore, if you have not acted on the request, or asked for an extension of time, by July 15, 1997, the District Engineer will deem that waiver has occurred. Questions or comments may be addressed to the undersigned, telephone (910) 251-4636. Sincerel?y,,? t,(1, effrey H. Richter Project Manager Wilmington Regulatory Field Office Enclosure Copy 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 r ? r APPLICATION 0 La 1\Q\- FOR ??'. °1 to - 3laq `\ PERMIT TO EXCAVATE AND/OR FILL WATFR OUALITY CERTIFICATION EASEMENT IN LANDS COVERED BY WATER CAMA PERMIT FOR ,MAJOR DEVELOPMENT Department of Administration Sute of North Carolina Department of the Army (GS 146.12) Department of Natural Resources and Community Development Corps of Engineers, Wilmington Oistrict (GS 113-229, 143-215.3(al(1), 143.215.3(c), 113A-118 (33 CFR 209.3:0.329) Please type or print and fill in all blanks. If information is not applicable, so indicate by placing N/A in blank?C?V 4PR '2 s ?Q D 1. Applicant Information A. Name HADDEN, LARRY AND DRUCILLA M Last First Midale B. Address. 700 AMETHYST COURT Street, P. O, Box or Route FAYETTEVILLE NC RIli-6Rn1 (910) 88-00 .1 City or Town slate zip Code Phone 11. Location of Proposed Project: A. County CIIMBF.RT-ANiI 1. City, town, community or landmark FAYETTEVILLE , EASTOVER, NC .. Is proposed work within city limits? Yes No CAPE FEAR C. river, sound or bay upon which prolec; is located or nearest named bodv of water to protect RIVER I11. Description of Project V BUILD A HOIISE 1 Maintenance of existing project NA ?. New work 3. "carouse of cxcavauun or till NA NAL v dth .1cpih I. ',ccess channel K :CrIgul NA NA l dlh NA icpcn oat bw in ,cngth NA 3. F;ll area . 22,500 SQ FT length 1801 widtn 125' deoth it -1 Jtncr NA icngth NA width NA aeptn NA C. Buikhead length NA Average distance waterwara or MHW ;shoreiinel NA _'. i ype of bulkhead construt.uon (material) NA U 1:xcrvated material (total for proiect) Cubic yards NA 2. Tvpc .)f matcr;al NA E. dill material to be placed below MHW ;sec also'JI. A) I Cubic yards 2. Type of matenai NA IV. La nd Type, Disposal Area, and Construction Equipment: A. Dues the area to be excavated include any marshland, swamps or other wetland? Yes NA No NA B. NA Does the disposal area include any marshiand, swamps or other wetland? Yes NA No C. Disposal Area 1. Location NA 2. Do you claim title to disposal area? NA U. l' ill material source if till is to be trucked in FILL DIRT SUPPLIER t. How will excavated material be entrapped and erosion controlled? NA pc oI cquivmcnt to be used DUMP TRUCK, FRONT END LOADER/BACKHOE, BULLDOZER G. Will marshland be crossed in transporting equipment to project site? If yes, explain NA O&F-al d iL -7 JJ A10L V. Intended Use of Project Area (Describe) A. 1. Private TO BUILD A HOUSE, SINGLE FAMILY DWELLING 2. Commercial NA 3. Housing Development or Industrial NA 4. Other NA S. I. Lot size(s) 180' % 398.85 2. Elevation of lot(s) above mean high water NA 3. Soil type and texture INTRAZONAL, MEDIUM 4. Type of building facilities or structures SINGLE FAMILY DWELLING 5. Sewage disposal and/or wastewater treatment A. Existing Y Planned 8. Describe PURLTC UTILITY 5. Land Classific3tion'(circle one) DEVELOPED TRANSITIONAL COMMUNITY RURAL CONSERVATION OTHER (See CAMA Local Land Use Hlan Synopsis VI. P«taining to Fill and Water Quality: A. Does the proposed project involve the placement of fill materials below mean hign watery Yes No X B. 1. Will any runoff or discharge enter adjacent waters as a result of project activity or planned use of the area following project completion? Yes-No .X_ Type of discharge NA 3. Location of discharge NA VII. Present rate of shoreline erosion (if known): NA Vlll. List permit numbers and issue dates of pre-vin; Department of Army Corps of Engineers or State permits for woric in project area, if acpliable: LVA IX. Length of time required to complete project: 4-6 MONTHS _ X. In addition to the completed application form, the following items must be provided: A. Attach a copy of the deed (with State application only) or other instrument under which applicant claims title to the affected property. OR if applicant is not claiming to be the owner of said property, then forward a copy of the deed another instrument under which the owner claims Utle plus wr,t;en permission from the owner to carry out the project on his land. 3. Auach an accurate work plat drawn to scale on 8% X 11" white pacer (see instruction booKlet ror details). Note: Original drawings preferred - only hign quality copies accepted. C. A coot' of the application and plat must be served upon adjacent riparian landowners oy •egistereo or certified mail or by puolication (G.S. 113-229 (d))Enter date served NA D. List names and complete addresses of the riparian landowners with property adjoining applicant's. Sucn owners have 30 days in which to submit comments to agencies listed below. NA NA NA XI. Certification requirement: I certify that to the best of my knowledge, the proposed activity -)mplies with the Scare of North Carolina's approved coastal management program and will be conducted in a manner consicr.-st with such program. v XII• Any permit issued pursuant to this application will allow only ,he development described in this appli- cation and plat- Applicants should therefore describe in the application and plat all anticipated devel. opment activities, including construction, excavation, filling, and land clearing. le" DATE APRTT 74997 Applicant's Signature DAF•82 Rev. 70/78 SEE REVERSE SIDE FOR MAILING INSTRUCTIONS ?lvT ?L?nl /- - w a4 L? Dwn r--2 LpRr? y + DiuCT LL,4 t", )?ADDEW Su8Dxv151on/ RIVEaSIDE tSTATES FAVET7'EVILLE NC FLAT Bodk 85 PAGE 63 t i M i? ?sr y? ?- Y e t i C 9 RJrror Road S.R. l7/^BO' Rte- '! 0 i 1 _.. Y R O i y 1` i W e f L^/ 1 (e] i ,Qi ? ? ? "r z Y 1 O = '®R ®C'. ' x ? r i1t M. Y O i ,• t 9 a? ?'? Y Y Il 3 O, ? n 1 O N ? Q Y y,ru 4 ?, ? N O c ^'1 m Iii 'ti c i ? I p p N Y ? C r 7 ' T; V Ql i i i O r' n 0 r • r i ? ?N `otr ' i r 1 r S¢`'? ??? ?Y ?? • I1 'Mr ?? ? c !? cuM! 41 ii i ?? t Y11?; i+ 1 !( I M?•. t j1 i? 1? is ' i l!, t! ? r i i ? ,. 1 !1I 11 ? I? I -i 1 { ? 1 ? l i r 1 f 11 I? `1?? 1q 3Y i r 714 1 1? !i i r i_ ir DEPARTMENT OF THE ARMY WILMINGTON DISTRICT, CORPS OF ENGINEERS P.O. BOX 1890 WILMINGTON, NORTH CAROLINA 28402-1890 April 14, 1997 IN REPLY REFER TO Regulatory Branch Action ID No. 199603691 and 199704266 Larry and Drucilla:Hadden 700 Amethyst Court Fayetteville, North Carolina 28311 Dear Mr. and Ms. Hadden: Reference our letter of January 31, 1997, and your response received February 21, 1997, regarding your unauthorized discharge of fill material in wetlands adjacent to a tributary of the Cape Fear River, Lot No. 7, Riverside Estates, near Fayetteville, in Cumberland County, North Carolina. You have started work despite being advised, orally and in writing, that you would have to obtain a Department of the Army (DA) permit before any fill material could be placed in wetlands. Mr. Dean Downing, your contractor, has been cited as a co-violator. Mr. Jeff Richter of my staff met with you and Mr. Downing indicating the reasons why a nationwide permit was not available. Your present plan to fill all wetlands on your property fails to avoid or minimize adverse impacts to wetlands. This failure precludes any use of a DA nationwide permit. You may apply for an individual permit to fill all wetlands on your property; however, avoidance and minimization of wetland wetlands will be an important issue in consideration of any such application An individual or nationwide permit for minor impacts to wetlands may be authorized provided maximum use is made of your high ground. For example, minor impacts would be a driveway from Pepperchase Drive to your house and some fill to complete the house footprint should it not be able to be contained on your high ground. You have been provided a delineation and survey of the wetlands on your lot. You have been advised that this surveyed delineation has NOT been approved by this office because it does not include all wetlands within the subdivision; however, you have been informed that the delineation IS accurate for Lot No. 7. Another copy of this delineation is enclosed. If you decide to submit an application, you should do so within two weeks (fourteen days) of receiving this letter. Should you not submit an application or if your application is denied, restoration of the impacted wetland area to pre-project wetland elevations and conditions (original wetland soil, hydrology, etc.) will be required. By copy of this letter, we are notifying the U. S. Attorney of your possible submittal of an individual permit application and the requirement for restoration should the application be denied. . -2- If you have questions, please do not hesitate to contact Mr. Richter, telephone (910) 251-4636, in my Wilmington Regulatory Field Office. Sincerely, Clifford Winefordner Chief, South Section Regulatory Branch Enclosures copy furnished (without enclosures): U. S. Attorney Eastern District of North Carolina 310 New Bern Avenue Suite 800, Federal Building Raleigh, North Carolina 27611 Mr. John Hefner U.S. Fish and Wildlife Service Fish and Wildlife Enhancement Post Office Box 33726 Raleigh, North Carolina 27636-3726 Mr. Ken Averitte Division of Water Quality North Carolina Department of Environment, Health, and Natural Resources Suite 714, Wachovia Building Fayetteville, North Carolina 28301 Mr. Dean Downing 412 Oak Ridge Avenue Fayetteville, North Carolina 28305 Mr. Larry Hardy National Marine Fisheries Service Pivers Island Beaufort, North Carolina 28516 Mr. Thomas Welborn, Chief Wetlands Protection Section-Region IV Water Management Division U.S. Environmental Protection Agency Atlanta Federal Center 100 Alabama Street, SW Atlanta, Georgia 30303 Regional Director National Marine Fisheries Services, NOAA 9721 Executive Center Drive N. Saint Petersburg, Florida 33702-2449 John Dorney 'Division of Water Quality / North Carolina Department of Environment, Health, and Natural Resources 4401 Reedy Creek Road Raleigh, North Carolina 28607 State of North Carolina Department of Environment, Health and Natural Resources Division of Water Quality Ja mes Bk Hunt, Jr., G ove mor Jonathan B, Howes, Secretary A. Preston Howard, Jr., P.E., Director February CERTIFIED MAIL RETURN RECEIPT REQUESTED Larry and Drucilla Hadden 700 Amethyst Court Fayetteville, NC 28311 ,&.I* dft [D FE F1 10, 1997 SUBJECT: Section 401 Water Quality Certification Lot 7, Riverside Estates Cumberland County Dear Mr. and Mrs. Hadden: Information gathered by the Division of Water Quality (DWQ) indicates that you have undertaken unauthorized activities in waters and/or wetlands of the State in violation of Section 401 of the Clean Water Act. Orr July 23, 1996 you submitted an application for a 401 Water Quality Certification to authorize the filling of approximately 0.9 acres of wetlands in order to construct a single family home on Lot 7 in Riverside Estates off SR 1714 near Fayetteville, NC. No 401 Water Quality Certification was authorized and your application was placed on hold after we were informed by the US Army Corps of Engineers (USCOE) that an Individual Permit would be required. The Division has now received information from the USCOE and from Ken Averitte of DWQ's Fayetteville Regional Office that you have begun filling wetlands on Lot 7. Since no 401 Water Quality Certification was issued for the filling of wetlands on Lot 7, it is hereby requested that you CEASE AND DESIST any further activities in waters or wetlands of the State. Continuation of the unauthorized activities may result in civil penalties or other legal action against you. In order to resolve this matter you are requested to respond to this letter within 10 days as to your intentions and actions to resolve this matter and abate continuing violations. Your cooperation in resolving this violation as quickly as possible is appreciated. Should you have questions about this action please contact Ken Averitte at the DWQ Fayetteville Regional Office (910) 486-1541 or Pete Colwell at (919) 733-1786. T orh y ality Certi tn Program cc: Central Files Ken Averitte, DWQ Fayetteville Regional Office Pete Colwell, DWQ Raleigh Central Office Jeff Richter, USACOE Wilmington Field Office Jill Hickey, NC Attorney General's Office Environmental Sciences Branch • 4401 Reedy Creek Road Telephone 919-733-9960 An Equal Opportunity Affirmative Action Employer Raleigh, North Carolina 27607 FAX # 733-9959 5096 recycled/1096 post consumer paper r 11L DEPARTMENT OF THE ARMY WILMINGTON DISTRICT, CORPS OF ENGINEERS P.O. BOX 1890 WILMINGTON, NORTH CAROLINA 28402-1890 IN REPLY REFER TO February 18, 1997 Regulatory Branch Action ID No. 199704266 Mr. Dean Downing Downing Development Corporation 412 Oakridge Avenue Fayetteville, North Carolina 28305 Dear Mr. Downing: We have received information regarding the placement of fill material in wetlands adjacent to a tributary of the Cape Fear River, at lot 7 on Pepperchase Drive in the Riverside Estates subdivision, in Fayetteville, Cumberland County, North Carolina. It has been reported that approximately 7,000 square feet of jurisdictional wetlands have been filled on property belonging to Larry and Drucilla Hadden. The Haddens applied for Department of the Army (DA) authorization for the placement of fill material in all of the wetlands on this lot. By letter dated August 13, 1996, the Haddens were informed that their proposal did not comply with the conditions of our Nationwide Permit No. 26 and as a result, DA authorization was not available for this scope of wetland work. During an onsite meeting of September 4, 1996, the Haddens and you were informed that any placement of fill material in the wetlands on this lot without DA authorization would be considered a willful violation of Federal Law. On January 30, 1997, Mr. Jeff Richter of my Wilmington Regulatory Field office observed that approximately 5,000 square feet of wetlands had been filled. He put up a notice on the property identifying this work as a violation of Federal law. In addition, he contacted the Haddens, informing them of the violation and the notice. On February 4, 1997, Mr. Richter returned to the site and observed that an additional 2,000 square feet of wetlands had been filled. On February 6, 1997, Mr. Richter contacted you by telephone. During your conversation, you informed him that you were responsible for placing the fill material in the wetlands. You agreed to stop all wetland work on the Hadden property. This activity in a wetland area without authorization by a Department of the Army permit is a violation of Section 301 of the Clean Water Act. You are directed to cease and desist from any further work in the wetland area and to submit a detailed written explanation of your activities to this office within 10 days of your receipt of this letter. We are requesting, by copy of this letter, that the Federal and State agencies furnish their comments and recommendations regarding the alleged violation to this office no later than March 17, 1997. We will then determine further appropriate administrative or legal action. Failure to comply with this directive may result in referral to the United States Attorney with a recommendation for civil prosecution. If there are questions, contact Mr. Richter, telephone (910) 251-4636. Sincerely, G. Wayne Wright Chief, Regulatory Branch Copies Furnished: U.S. Attorney State Property Section Eastern District of North Carolina North Carolina Department of 310 New Bern Avenue Administration Suite 800, Federal Building 116 West Jones Street Raleigh, North Carolina 27611 Raleigh, North Carolina 27603 Mr. John Hefner 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 Atlanta Federal center 100 Alabama Street, SW Atlanta, Georgia 30303 Regional Director National Marine Fisheries Services, NOAA 9721 Executive Center Drive N. Saint Petersburg, Florida 33702-2449 '\l Mr. John Dorney Division of Water Quality North Carolina Department of Environment, Health, and Natural Resources 4401 Reedy Creek Road Raleigh, North Carolina 27687 Mr. Ken Averitte Division of Water Quality North Carolina Department of Environment, Health, and Natural Resources Suite 714, Wachovia Building Fayetteville, North Carolina 28301 2 I February 17, 1997 G. Wayne Wright Chief, Regulatory Branch Department of The Army ?/Y l Wilmington District, Corps of Engineers Post Office Box 1890 Wilmington NC 28402-1890 REF: Action ID No. 199603691 Dear Mr. Wright, RECEIVED FEB 21 1991.1 ENVIRONMENTAL SCIENCES ,.4 In reply to your letter of January 31, 1997 concerning the activity on Lot #7, on Pepper Chase Drive in the Riverside Estates Development, off SR 1714 (River Road) in Fayetteville, Cumberland County, North Carolina we submit the following statements. We have previously submitted a request to construct our home as originally planned when the lot was purchased in January 1996. We submitted the request because as stated by Matthew Flint, (who has since not been in contact with us and no longer works in your office) told us to submit the request. He stated that since the other lots in this same development that had previously been "wetlands" were filled and had homes built on them consideration was given the lot owners for the benefit of the community. He stated that no restrictions were placed on them because it would be more beneficial to the community not to force them to remove fill dirt and destroy their homes. We were further instructed that every consideration would be given us as owners as was given to the other lot owners. We found this to be untrue. As you have stated the request was denied. We contacted the Washington office and talked with Sam Collinson, Acting Chief of Regulatory. He explained to us that we should again talk to you and some arrangements could be worked out that would allow us to complete the construction of our home in a manner that would be agreeable to us and the Corp. That also proved to be untrue. We talked with you on the telephone and arranged to meet at the site on September 4, 1996. We arrived at the lot and met with Jeff Richter, a Corps Biologist, Peter Calwell, Wetland Specialist, Dept. of EH & NR, Raleigh, and Ken Averitte, Fayetteville. The statements about their decisions were resoundingly assertive, simply no. We would be allowed to build a house on the extreme rear of the lot with a driveway on the left side of the lot ( facing the lot from Pepperchase Drive). We would be allowed to build a house closer to the "wetland" area if the driveway were placed on the right side of the lot (facing the lot from Pepperchase Dr.). In the scenario with the driveway on the left of the lot and the house in the extreme rear of the lot we would have to leave the "wetland" in tact and live with a virtual quandary of bugs, mosquitoes, snakes, rodents, ticks, lice and anything else that choose to live there in the front of the house. The other alternative would involve purchasing a new house plan, redesigning the current plan, or constructing the house from the current plan with the house facing the rear of the lot. We felt that none of the alternatives were acceptable. We asked for a map showing the original "wetland" areas versus those that exist now and a list of those owners that had to comply with "wetlands policy". That information was never received. f 1 The detailed written explanation of our activities are: to build our house with as little disturbance to the "wetland" area as possible, Ditches on either side of the lot flowing water into the large ditch along Pepperchase drive. The water would drain naturally from the area into the ditches and drains that the developer was allowed to put in place would be beneficial to the community, The water that is allowed to collect in that area would run around into the lake and rather than maintain an area that would create a pestilence year round. 2. We are requesting that the Army Corps of Engineers purchase this lot for the full costs we have incurred to allow the lot to be maintained as a "wetland" preserve. 3. We are further requesting that the Army Corps of Engineers stop selectively enforcing the Wetlands policy. The Riverside Estates development has a total of 35 lots all of which are a minimum of 1.35 acres and some are as many as 3.0. On site observation of the various lots indicates that all lots had to have fill dirt placed and many are "identified as "wetland". Lot #7 is the only lot that has a "stop work order ordered, placed, and enforced to this point. We are requesting all forms necessary to accomplish the items (1-3) listed above be furnished to us as soon as possible. a Wadden Drucilla M. Hadden Attachment (Copies Furnished) I US Department of Justice Janice McKenzie Cole U. S Attorney Bruce C. Johnson, Assistant Eastern District of North Carolina 310 New Bern Avenue Suite 800, Federal Building Raleigh NC 27611 CERTIFIED # P 076 704 747 Mr. John Hefner US Fish and Wildlife Service Fish and Wildlife Enhancement Post Office Box 33726 Raleigh NC 27636-3726 Mr. Larry Hardy National Marine Fisheries Service Pivers Island Beaufort NC 28516-9722 Mr. Thomas Welborn, Chief Wetlands Regulatory Section-Region IV Wetlands, Oceans and Watersheds Branch US Environmental Protection Agency Atlanta Federal Center 100 Alabama Street, SW Atlanta GA 30303 CERTIFIED # P 076 704 753 Mr. John Parker Division of Coastal Management North Carolina Department of Environment, Health, and Natural Resources Post Office Box 27687 Raleigh NC 27611-7687 Sam Collinson Chief of Regulatory Department of The Army Corps of Engineers US Army Corps of Engineers Washington DC 20314 CERTIFIED # P 076 704 755 Mr. John Dorney Division of Water Quality North Carolina Department of Environment, Health, and Natural Resources 4401 Reddy Creek Road Raleigh NC 27607 Mr. Ken Averitte Division of Water Quality North Carolina Department of Environment, Health, and Natural Resources Suite 714, Wachovia Building Fayetteville NC 28301 Regional Director National Marine Fisheries Services, NOAA 9721 Executive Center Drive N. St Petersburg FL 33702-2449 State Property Section North Carolina Department of Administration 1 16 West Jones Street Raleigh NC 27603 John P. D' Aniello, P. E. Deputy Director of Civil Works Operations, Construction and Readiness Division Regulatory Branch Department of The Army Washington DC 20314-1000 CERTIFIED # P 076 704 754 The President The White House Washington DC 20500 CERTIFIED # P 076 704 750 The Honorable Jessie Helms The State Senate Washington DC 20515-3301 CERTIFIED # P 076 704 748 The Honorable James Hunt Governor of North Carolina Raleigh NC 27611 CERTIFIED # P 076 704 751 The Honorable Mike McIntyre House of Representatives Washington DC 20515-3307 CERTIFIED # P 076 704 749 State of North Carolina Department of Environment, Health and Natural Resources Division of Water Quality LT.MPFA IT 0 A&4 * R J Hunt, Governor [D E H N F1 Jonathan B. Howes, Secretary A. Preston Howard, Jr., P.E., Director February 10, 1997 CERTIFIED MAIL RETURN RECEIPT REQUESTED Larry and Drucilla Hadden 700 Amethyst Court Fayetteville, NC 28311 SUBJECT: Section 401 Water Quality Certification Lot 7, Riverside Estates Cumberland County Dear Mr. and Mrs. Hadden: Information gathered by the Division of Water Quality (DWQ) indicates that you have undertaken unauthorized activities in waters and/or wetlands of the State in violation of Section 401 of the Clean Water Act. On-July 23, 1996 you submitted an application for a 401 Water Quality Certification to authorize the filling of approximately 0.9 acres of wetlands in order to construct a single family home on Lot 7 in Riverside Estates off SR 1714 near Fayetteville, NC. No 401 Water Quality Certification was authorized and your application was placed on hold after we were informed by the US Army Corps of Engineers (USCOE) that an Individual Permit would be required. The Division has now received information from the USCOE and from Ken Averitte of DWQ's Fayetteville Regional Office that you have begun filling wetlands on Lot 7. Since no 401 Water Quality Certification was issued for the filling of wetlands on Lot 7, it is hereby requested that you CEASE AND DESIST any further activities in waters or wetlands of the State. Continuation of the unauthorized activities may result in civil penalties or other legal action against you. In order to resolve this matter you are requested to respond to this letter within 10 days as to your intentions and actions to resolve this matter and abate continuing violations. Your cooperation in resolving this violation as quickly as possible is appreciated. Should you have questions about this action please contact Ken Averitte at the DWQ Fayetteville Regional Office (910) 486-1541 or Pete Colwell at (919) 733-1786. re Jo n R. Do y W ter Quality Certi ti Program cc: Central Files Ken Averitte, DWQ Fayetteville Regional Office Pete Colwell, DWQ Raleigh Central Office Jeff Richter, USACOE Wilmington Field Office Jill Hickey, NC Attorney General's Office Environmental Sciences Branch • 4401 Reedy Creek Road Telephone 919-733-9960 An Equal Opportunity Affirmative Action Employer Raleigh, North Carolina 27607 FAX # 733-9959 5096 recycled/10% post conmmer paper DEPARTMENT OF THE ARMY WILMINGTON DISTRICT, CORPS OF ENGINEERS P.O. BOX 1890 WILMINGTON, NORTH CAROLINA 28402-1890 IN REPLY REFER TO January 31, 1997 Regulatory Branch Action ID No. 199603691 Larry and Drucilla Hadden 700 Amethyst Court Fayetteville, North Carolina 28311 Dear Mr. and Mrs. Hadden: We have received information regarding the placement of fill material in approximately 5,000 square feet of jurisdictional wetlands, located in a headwater tributary of the Cape Fear River, at lot 7, on Pepperchase Drive in the Riverside Estates development, off of SR 1714 (River Road) in Fayetteville, Cumberland County, North Carolina. You submitted a Pre-Construction Notification (PCN) request for our concurrence of your proposed use of Nationwide Permit No. (NWP) 26 to fill the 0.9 acre wetland portion of this lot. Although we did not receive an original PCN, a facsimile of your PCN from the North Carolina Division of Water Quality was received in this office on July 31, 1996. By letter dated August 13, 1996, you were informed that your proposal did not comply with the conditions of this NWP. On January 30, 1997, Messrs. Jeff Richter and Allen Davis of my Wilmington Regulatory Field office staff observed that earthen fill material had been pushed into previously delineated wetlands. Based on calculations using a copy of the lot's wetland survey, it was determined that approximately 5,130 square feet of wetlands had been filled at that time. Earthen material was piled up near the edge of the fill and a small bulldozer was also present, although no work was occurring at that time. In addition, ditches had been cut through a strip of the lot's high ground adjacent to Pepperchase Road, connecting the roadside ditch to the lot's standing water. This activity in a wetland area without authorization by a Department of the Army permit is a violation of Section 301 of the Clean Water Act. You are directed to cease and desist from any further work in the wetland area and to submit a detailed written explanation of your activities to this office within 10 days of your receipt of this letter. We will then determine further appropriate administrative or legal action. Failure to comply with this directive may result in referral to the United States Attorney with a recommendation for civil prosecution. s DEPARTMENT OF THE ARMY WILMINGTON DISTRICT, CORPS OF ENGINEERS P.O. BOX 1890 WILMINGTON, NORTH CAROLINA 28402-1890 IN REPLY REFER TO Regulatory Branch Action ID No. 199603691 Larry and Drucilla 700 Amethyst Court Fayetteville, North Hadden January 31, 1997 Carolina 28311 Dear Mr. and Mrs. Hadden: We have received information regarding the placement of fill material in approximately 5,000 square feet of jurisdictional wetlands, located in a headwater tributary of the Cape Fear River, at lot 7, on Pepperchase Drive in the Riverside Estates development, off of SR 1714 (River Road) in Fayetteville, Cumberland County, North Carolina. You submitted a Pre-Construction Notification (PCN) request for our concurrence of your proposed use of Nationwide Permit No. (NWP) 26 to fill the 0.9 acre wetland portion of this lot. Although we did not receive an original PCN, a facsimile of your PCN from the North Carolina Division of Water Quality was received in this office on July 31, 1996. By letter dated August 13, 1996, you were informed that your proposal did not comply with the conditions of this NWP. On January 30, 1997, Messrs. Jeff Richter and Allen Davis of my Wilmington Regulatory Field office staff observed that earthen fill material had been pushed into previously delineated wetlands. Based on calculations using a copy of the lot's wetland survey, it was determined that approximately 5,130 square feet of wetlands had been filled at that time. Earthen material was piled up near the edge of the fill and a small bulldozer was also present, although no work was occurring at that time. In addition, ditches had been cut through a strip of the lot's high ground adjacent to Pepperchase Road, connecting the roadside ditch to the lot's standing water. This activity in a wetland area without authorization by a Department of the Army permit is a violation of Section 301 of the Clean Water Act. You are directed to cease and desist from any further work in the wetland area and to submit a detailed written explanation of your activities to this office within 10 days of your receipt of this letter. We will then determine further appropriate administrative or legal action. Failure to comply with this directive may result in referral to the United States Attorney with a recommendation for civil prosecution. .@' A If there are questions, contact Mr. Richter at telephone (910) 254-4636. Sincerely, G. Wayne Wright Chief, Regulatory Branch Copies Furnished: U.S. Attorney Eastern District of North Carolina 310 New Bern Avenue Suite 800, Federal Building Raleigh, North Carolina 27611 Mr. John Hefner 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 28516-9722 Mr. John Dorney D' ision of Water Quality orth Carolina Department of Environment, Health, and Natural Resources 4401 Reedy Creek Road Raleigh, North Carolina 27607 Mr. Ken Averitte Division of Water Quality North Carolina Department of Environment, Health, and Natural Resources Suite 714, Wachovia Building Fayetteville, North Carolina 28301 Mr. Thomas Welborn, Chief Wetlands Regulatory Section-Region IV Wetlands, Oceans and Watersheds Branch U.S. Environmental Protection Agency Atlanta Federal Center 100 Alabama Street, SW Atlanta, Georgia 30303 Regional Director National Marine Fisheries Services, NOAA 9721 Executive Center Drive N. Saint Petersburg, Florida 33702-2449 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 State Property Section North Carolina Department of Administration 116 West Jones Street Raleigh, North Carolina 27603 2 (LvSAUG.3©.1996.17AM ?I gENVIRONMEIITAL MGHT I X10.633 P.1i1 4 d Memorandum of cord July 26, 1996 Subject: AActio 11.D. No. 1,9962B27, Riverside Estates 1. Status of Qnforcement file is dosed. 2. The develo'lr, Mr. Danny Nolan, is out of the picture- that is, he has bui ? the infrastructure on which the current residents now pend and he has sold all the lots. As requested by. our letter February 5, 1996, Mr. Nolan provided. us with a wetland deline ion and survey- although they are of poor quality. 3. The ?,Wetla Survey Map For Riverside Fstates«, prepared by George Lott, R aoauxately depicto the limito of wetlands Qn lots 6, 7, 8,, , 21, 22, 23, 28, and 29. Wetland limits on lots 1, 2, 3, 23, a 24 are ?Lt correctly identitied. I have approximated t13 correct boundaries of wetlands with a sketch on the plat. 4. Based on set ral meetingo and conversations with various lot owners I have ?arned that most of the lots, if not all of them, were purchased from Mr. Nolan prior to the initiation of our enforcement ac on. The consequence of this is that wetlands were identified on individual lots. after purchase occurred. Of course the wet ndn were on the property at the time of purchase, but the probla is- current owners don't have. a copy of the delineation on their lot surveys. 5. During a 431 y 17, 1996 site inspection, Jeff Richter and I determined tha wetland impacts resulting from read crossings, ditchem, and 1 ?- fillo oxit;ting at that time was 3.75 scroa. 6. No restora on has been required because the subdivision. war. already occupi. by resident who depended on the unauthorized work for ingre and egress, building sites, and water inanagenment:. T wetlands am located above. the headwater of Gum Log Swamp, so il?tionWid.e Permit 26 was be uaed to authorize the. 3.75 :acres of.mnact after tha facia. 4Rt ?..Flint Regulatory Specialist w DEPARTMENT OF THE ARMY WILMINGTON DISTRICT, CORPS OF ENGINEERS P.O. BOX 1890 WILMINGTON, NORTH CAROLINA 28402-1890 REPLY TO OATTENTIONOF August 13, 1996 Regulatory Branch` Action ID No. 199603691 Q RECEIVED AUG 16 1996 ENVIRONMENTAL SCIENCES PRANCH A 11 log a I 700 Fayett Yeville, CNort y th Carolina 28311-6801 C? 2 Dear Mr. and Mrs. Hadden: \vv? Please reference your Pre-Construction Notification (PCN), dated July 17, 1996, concerning your proposal to place fill material in approximately: •of wetlands adjacent to a hea?water tributary of the Cape Fear River, on o?t 7 in the Riverside Estates Subdivision, in Fayetteville, Cumberland County, North Carolina. You,. ?d our concurrence with your proposed use of ``" adverse wetland impact. An original copy of your PCN has not been received in this office: however, we did receive a facsimile from the North Carolina Division of Water Quality on July 31, 1996. A copy of this PCN was faxed to appropriate Federal agencies for their comments. Corps of Engineers regulations require avoidance and minimization of wetlands in accordance with NWP General Condition 4 which states, "Discharges of dredged or fill material into waters (and wetlands) of the United States must be minimized or avoided to the maximum extent practicable at the project site, unless the DE (District Engineer) has approved a compensation mitigation plan for the specific regulated activity" (33 CFR 330.6). A review of your proposal has generated concerns regarding the ?%VwVI!T:'" From the survey plat which depicts the location of wetlands on your lot, there appears to be a ?`i1118?111k ???'o construct a residence (plans of which accompanied the PCN). If additional area should be needed to complete the house, a modification of your initial PCN should be submitted. Filling wetlands for the purpose of aesthetics or landscaping is not a water-dependent activity and does not conform to the avoidance or minimization requirements necessary for issuance of, or compliance with, Department of the Army authorization. The wetlands present on your property function as a groundwater discharge as well as a stormwater collector. In addition, this wetland is one of the headwater sources, or beginning points, for one of the subdivision's main tributaries, eventually flowing into the Cape Fear River. As such, large volumes of water pass through this wetland area, especially during times of heavy precipitation and/or runoff. Filling most or all of the wetlands on your lot would not only result in an adverse environmental impact but also an increased risk of flooding on adjacent land. -2- You are hereb notified that Ow You may wish to revise your plans to allow the majority of the wetlands to remain in their natural state (other than that which may be necessary for the completion of your house) while constructing an adequate driveway across the narrowest portion of wetlands (near lot 6). Such project design would signify an attempt to avoid wetlands to the maximum extent practible and minimize those unavoidable wetland impacts, while accomplishing specific aims of the proposed project. Should you have any questions concerning this matter, please contact Mr. Jeff Richter of my Wilmington Regulatory Field Office staff at telephone (910) 251-4636. Sincerely, G. Wayne Wright Chief, Regulatory Branch Copy Furnished: Mr. John Parker Division of Coastal Management North Carolina Department of Environment, Health and Natural Resources Post Office Box 27687 aleigh, North Carolina 27611-7687 Mr. John Dorney Division of Water Quality North Carolina Department of Environment, Health and Natural Resources 4401 Reedy Creek Road Raleigh, North Carolina 27611-7687 Mr. John Hefner 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 Habitat Conservation Division 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 Mr. Ken Averitte Division of Water Quality North Carolina Department of Environment, Health, and Natural Resources Suite 714, Wachovia Building Fayetteville, North Carolina 28301 July 17, 1996 REFERENCE: OWNERS: LARRY AND DRUCILLA HADDEN 700 AMETHYST COURT FAYETTEVILLE NC 28311-6801 TO: WILMINGTON DISTRICT ENGINEER CORPS OF ENGINEERS P.O. BOX 1890 WILMINGTON NC 28402-1890 ATTN. CESAW-CO-E TELEPHONE: (919) 251-4511 Dear Sir, PROJECT: LOT #7 RIVERSIDE ESTATES 1533 PEPPERCHASE DRIVE FAYETTEVILLE NC 28301 WATER QUALITY PLANNING DIVISION OF ENVIRONMENTAL MANAGEMENT NC DEPARTMENT OF ENVIRONMENT, HEALTH AND NATURAL RESOURCES P.O. BOX 29535 RALEIGH NC 27626-0535 i ! ATTN. MR. JOHN DORNEY JIll_ 3 1996 TELEPHONE: (919) + ET 733-1786 1 _77 ` I Lntl'S GTOI!P ?YA?ER 11j).:lTV Sf_7i0N„ We are writing this letter as a part of our application for permission to complete plans to build a single family home on property we purchased for that specific purpose and to explain our situation because now it is a requirement for us to get permission from your office. We are also requesting answers to our many questions. We purchased lot # 7, 1533 Pepperchase Drive Riverside Estates on February 7, 1996. This lot and housing area is located off River Road, in Cumberland county, approximately 5 miles outside the City of Fayetteville, NC. We signed a contract with a builder on March 7, 1996, to build the house. During May we received a copy of the minutes from the Riverside Estates Homeowners Association meeting. In those minutes was a note that the Corps of Engineers would be present on June 3, 1996, to determine where wetlands are located in the housing area. I went to the Riverside Estates area on that date and waited for well over 2 hours and finally got to talk to Matthew Flint. I had no idea who he was nor did I understand what was going on. I talked to him briefly after he and two other individuals went on lots #6-8. 1 explained to him that my husband and I owned lot #7. He stated to me that #7 was the worst of all three lots, he was sorry to say. I asked what did he mean and he showed me a map of the housing area with lines running through the three lots and stated within those lines was wetland and a part of the lot would have to be delineated for us to build. I asked what did that mean. He drew lines on the map he had showing that we could build a house (L- shaped) with a driveway on the right side of the lot. He stated this drawing (as the house we could build) was the best he thought we would be able to do. I had a thousand questions going through my head to ask, however Flint, the two men with him and the developer, were off to other lots, I assumed, to determine other wetland. I continued to wait for a while longer hoping to talk and ask more questions. It was getting late and I finally left after about another hour. Over the next of 2 1/2 week period we called several places in Fayetteville trying to obtain a telephone number for the Corps of Engineers Office. We finally were able to get a number, called several times, left several messages to contact us in reference to the Wetland situations on our lot #7 in Riverside Estates. I was out of town June 6 through June 21, 1996. During that period someone from The Corps Office called my husband Larry at approximately 0630 one morning and made arrangements to have Matthew Flint called Larry at work. He called on June 16/17, they talked, and arrangements were made to send us a copy of the survey completed by the Corps. We were told to indicate on the survey where we planned to build the house and maybe they could work with us to get the project completed. We faxed a copy of the survey he sent to us with a line drawing house on the lot. It was explained to M. Flint the survey we received shows more than half the lot as wetland. We explained that we did not agree with the drawing and felt it did not show the true area that was affected. He stated that it was accurate and that the entire survey submitted by the developer was rejected by him. If you are physically at the site of lot #7 the area or wetland is not as big an area as the corps survey indicates. After all discussions the final statement was "personally he would be inclined to disapprove the request if submitted as the fax was sent to him". Arrangements were made for paperwork to apply for a Nationwide permit to be faxed us on June 26, 1996. Due to the poor quality of the faxed material all forms and instructions were retyped for clarity and our use. We have attached the original faxed material as attachment #1. We have searched the Public library, Law library, contacted local planning and zoning officials for maps and information to help us understand this situation and Wetland. We have not been able to obtain this information. We still have many questions that no one is willing to answer. We asked Matthew Flint what started the investigation in this area to determine Wetland. He stated that he just happened to be passing by one day in January and saw the possibility of development in that area and contacted the Developer, Danny Nolan and told him that there was a possibility of some Wetland in the area. We would like to have the following questions answered. 1. Was the developer notified where the possibilities were located? 2. How was he notified? 3. Was he notified in writing? 4. Was he given a map showing where the wetland possibilities were? If so when? 5. Why was the developer allowed to continue with the development? 6. Were lot owners or the Cumberland County Planning/Zoning Office contacted about the potential Wetland. 7. The development was completed with paved streets and roads, drainage ditches, cleared lots, a 6-acre pond, and a total of 35 residential lots. Was the Homeowners Association contacted? Was any effort made to locate owners of these lots to notify them of the situation. Was the developer required to do this? Whose responsibility was this? Were proper permits obtained prior to this development? Has there been damage or destruction of other areas that were "Wetland"? 6. We have pictures of houses that have been built on lots that had significant amounts of water on them and required fill dirt. Four of the houses were built since we purchased our lot in February 1996. Were the proper permits obtained? Did the developer or lot owners obtain the proper permits? I have no desire whatsoever to have anything detrimental happen to these fellow lot or homeowners. However, we have a lot at stake here. Is it their fault that residential lots were purchased , a house built on that residential lot then a portion of the lot declared as wetland that must be preserved? Is it our fault? The lots were developed and sold as residential building lots. 7. What fine did the lot owners have to pay? 8. What fine did the developer have to pay? 9. What was the developer told initially? What date was he initially contacted and officially told of the wetland problem? Was it the developer's responsibility to notify owner's of the lots of the situation? Was he aware of this responsibility if it was his? 10. Based on the area outlined as wetland, our house plan would have to be redesigned, or new plans purchased. We cannot imagine building a new house with an area in front that will remain wet or low to the point that water will accumulate. Homeowners insurance would be extremely high due to a possible flood zone. The remaining wetland will be an area forever infested with ticks, mosquitoes, snakes, rodents and other pests. The idea is not practical. The law of full disclosure and our conscience would not allow us to sell it to anyone without disclosing the requirement to maintain it as wetland. 11. We understand now, that there is a Federal law that restricts the destruction or disturbance of wetland. We further understand that proper permits must be obtained if wetland will be affected by construction activity. If wetlands are filled illegally or without the proper permits, the developer or landowner may be forced to restore them to their original condition. 12. What was the reason for the delay in verifying the wetlands? 13. If we had not made an attempt to contact the Corps of Engineers in Wilmington, our lot would have been cleared and ready for construction a month ago. We purchased this lot in February 1996, contracted with a builder in march 1996, now paperwork is pending with VA and a local mortgage company for a mortgage. We were notified officially, June 18/19, 1996 that the lot was declared wetland. We have been told that your office has 30 days to render a decision on this application. This means my house will be delayed by 30 days or more or not built at all. If this request to proceed as planned is denied, we feel we will not have been given the same consideration as other lot owners and the developer. That would be "dust and unfair". We will have no alternative but to consider the lot unsuitable for building. The possibility of selling this lot with the knowledge that it is wetland and must be preserved is not a good selling point. We will be liable to the builder for the contract price of the house to be build. We had planned to make additions and add-ons that would value this house at a minimum $200,00.00. Does it make sense to build a house like that or any house on property that has been designated wetlands? I have talked with several homeowners, the developer, and the Engineer concerning the situation in this housing area, and found none of the above has been done. Someone made a decision that it would be in the best interest of the housing area residents or community not to pursue that alternative. Who made that decision? Who has the authority to make that determination for some and not have the same consideration for others? We are lot owners in that same housing area. Will the same consideration be given to us? We would like to continue with and complete our plans. We are waiting for your decision. Someone, the developer, the Corps, we don't know, did not act properly. When we get your decision we will proceed to the next step. Bottom line, we purchased land to build a home and after we purchased that land you guys declared our lot wetland. We believe that it was the responsibility of someone involved in this particular situation to inform us that the property was not suitable to build a home on prior to the purchase. IL /N DRUCILLA M. HADDEN ATTACHMENTS: 1. Original copy of faxed material. 2. Copy of survey from Corps of Engineers(2 pages). 3. Copy of planned project. 4. Map of area in relation to Fayetteville (4 pages) and housing area. 5. Line drawing of lot with planned project. 6. Pictures of lot and area declared wetland. (not included, will furnish (1"set) if requested) DEM In: ID: ACTION Nationwide Permit Requested (Provide Nationwide Permit #): 960694 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 (919) 251-4511 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 (191) 733-1786 ONE (1) COPY OF THIS COMPLETED APPLICATION SHOULD BE SENT TO THE CORPS OF ENGINEERS. SEVEN (7) COPIES SHOULD BE SENT TO THE NC DIVISION OF ENVIRONMENTAL MANAGEMENT. PLEASE PRINT. 1. Owners Name: LARRY AND DRUCILLA M HADDEN 2. Owners Address: 700 AMETHYST COURT FAYETTEVILLE NC 28311-6801 3. Owners Phone Number (Home): (910)488-0071 (Work): (910) 486-2341 (910) 433-1774 4. If Applicable: Agent's name or responsible corporate official, address, phone number: 5. Location of work (MUST ATTACH MAP). County: CUMBERLAND COUNTY - EASTOVER TOWNSHIP Nearest Town or City: FAYETTEVILLE N Specific Location (Include road numbers, landmarks, etc.): The location of this property is in a developing housing area. Riverside Estates, which is located on River Road off Middle Road off Business 301 North It is approximately 1/2 mile from Cxxxx Bean Co Plant and CSX Railroad Lines. 6. Name of Closest Stream/River: Cape Fear River (See attachment #00 map) 7. River Basin: Unknown 8. Is this project located in a watershed classified as Trout, SA, HQW, ORW, WSI, or WS II? YES [ ] NO [XI 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 US, including wetlands, located on project site: 1/2 ACRE 11. Number of acres of waters of the US, including wetlands, impacted by the proposed project: Filled: ALL BASED ON ORIGINAL PLANS BUILD HOUSE & LANDSCAPE PROJECT Drained: NONE THE ENTIRE AREA IS CURRENTLY DRY SINCE EARLY MAY, Flooded: NONE THE ENTIRE AREA IS CURRENTLY DRY SINCE EARLY MAY. Excavated: A SMALL DITCH FROM THE LEFT REAR TO THE FRONT FOR DRAINAGE. Total Impacted: ALL, BASED ON ORIGINAL PLANS BUILD HOUSE & LANDSCAPE PROJECT 12. Description of proposed work (Attach PLANS - 8 1/2" X 11" drawings only): bedrooms. 2 1 i r ard with two (2) t ree islan ds decorat ed with tre es flowers and nine hark or stra w. 30 -40 fo ot back v ard app roximately y a from th i e rear of the house to include screened porch and deck. 75-9 0 foot drivew ay fro the Pep perchase measur n Drive street (conn ected) lo cated on t he left side of the prop f acing the lot fro m the s treet) The ho use is t o be located 75-90 feet from th e front e nd of prope rty no les s than 75 feet fro m middle of Pep perch ase D rive Th e house is to be situated in the exa ct middl e of the lot that meas ured distance fro m the street 13. Purpose of proposed work: Clear lot fill and landscape for building a single family home 14. State reasons why applicant believes that this activity must be carried out in wetlands. Also, note measures to minimize wetland impacts. ^! have planned to mak this area our home We have no alternative to this lot All of our money has been invested in this protect to include contracts on hold for renting the current house we occupy. 15. You are required to contact the US Fish and Wildlife Service (USFWS) and/or National Marine Fisheries Services (NMFS) regarding the presence or any Federally listed or proposed for listing endangered or threatened species or critical habitant 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 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? Lot #6 and #8 on either side for future houses and in the rear more woods. F. If applicable, what is proposed method of sewage disposal? Public Works Commission - Fayetteville City sewer/water. t-11-1 4Azy M OWNER'S SIGNATURE o(d?? -0-9c, Zkkes //•4 M- I44d??,•J DATE i Q • _ ', ref.,{ `??a:• tl?' .I`.?• r y. ? ..? fir} r ?ti 1.41 l? • I - H O, in - 2N 2ti It3 • 1 J V obb _ Co I .17F lb 2 W L Q ?w a ? o O o ?O ? v O ? 0 o° N 0 O O O L O ? ti I J 0 1 I v Q e Q L M W L5 L J y OI 7 lL U ? T L? . `v rb??°O i- NI N C L da O r m r ? 0~O S J? ad. 2 ? ? LyJ. ? J w6 ? g a ? OI ? y? ?y W r ' u ??el Z y ? pJ C7 ? I Q b9 ? dJli Sf.; 1- N V Q ". 1 4 via UP, 47 ' x ?J z I^ rte. J C _O C t Y5 f A f? f A N, A L4 m? ? ?mm -L x y i 1\ ? I O I m yo I^ x ,Ipl 1 I .UI i I o I v I ? I i I I I I ? I i ?I I I ? n A ?I ,I i Ri ver Roa d S.,R. 1714 60' R/P' _ l c7VPVRr v OJ YJD'w n P '` 4 1 ?r I ?Jr t owo T ??7q1 ? R`?? s ?r ? ?I 4 ? N w ?? b • L 'r J1 ;h ZI 4 'h ?i l 9 If '?. 4 I ti i t? 1 rrns'r?, ?rr ?1 ?.1? J ntw'o" ,, rfxsr _ 1 011705'£_ _ Dn cv),? ;11? '?l I ?J r Jr. ar?\ ? b 3 ? arnrr 117Rf `? I +t w n1 44 14 vN?71av?!'+1?' /?? IV Mt.Id ?• N,,c ^ `'?* ? ?O' ? ?°LH li #, yd ?,? t Rnn w0 a a+ 'Sf.H ? iK6?'" U?11 ?7 b ? L 1 _ f rf'f r.7 II r OJtt'1117.7 7 It ? U ?? , 1 .uta^ N ? t r3 'Mae U ? z 1 pAPC? U- U 7 V O r r Do?- M M Or IMP' • .? r V.'- Ilz ?• j? '' ? X60 ? h ? h - "l b N ? 2ti ?n te,. = v? p• ?A ? m d ti r rl% J MEMO DATE: TO: SUBJECT: j'0 2131ql-7 7: l01, -?" ? ? f? Mes 5d9`? From: .r+ 5lAlt' o- ?? ?..1_ North Carolina Department of Environment, Health and Natural Resources Printed on Recycled Paper Wnra MEMORANDUM PRINT NAMES: Reviewer: TO: JOHN DORNEY WQ SUPV.: ENVIRONMENTAL SCIENCES BRANCH DATE: r3(-? (q(E, SUBJECT: WETLAND STAFF REPORT AND RECOMMENDATIONS **EACII ITEM MUST BE ANSWERED (USE N/A FOR NOT APPLICABLE) *** PERMIT YR: 96 PERMIT NO: 0000694 COUNTY: CUMBERLAND APPLICANT NAME: LARRY & DRUCILLA HADDEN PROJECT-TYPE: PERMIT-TYPE: N W Z(v O COE #: DOT #: RCD_FROM _CDA: APP DATE_FRM_CDA: 07/19/96 REG OFFICE: FRO RIVER-AND-SUB-BASIN-#: 030& Mr STR_INDEX_NO: STREAM CLASS: C WL_IMPACT?: (9/N WL_TYPE: WW F WL_REQUESTED : 4 WL_ACR_EST? : 6'N WL_SCORE(#):-61-(U WATER IMPACTED BY FILL?: e0' MITIGATION?: Y& MITIGATION-TYPE: MITIGATION-SIZE: DID YOU REQUEST MORE INFO?: Y IS WETLAND RATING SHEET ATTACHED?. Y/ HAVE PROJECT CHANGES/CONDITIONS BEEN DISCUSSED WITH APPLICANT?: Y,) AkIr r RECOMMENDATION (Circle One): ISSUE ISSUE/COND ENY COMMENTS: m 4r G 4U CC: Regional Office c C nt l Fil e ra es z m 0 M 0 The applicant had discussed this project at length with Matt Flint prior to his departure. They are the unfortunate purchasers of a lot in a development that was planned without wetland considerations. Roads, utilities, etc. were being put in when this project was discovered by the COE. After-the-fact NW permits were to be used for coverage of the existing impacts, consuming most of the readily available NW 26. Basically, the Haddens own a lot that is about three quarters wet, on an intermittent stream. The application says it was dry in May, and it was dry on the day of the visit. However, there are water marks on the trees, along with several other indicators. (Aside from the fact that I've seen this place under water.) Extensively ditched farm fields are upstream of this lot and apparently drain through the site. There is what appears to be a wet weather stream bed (channel) going through the lot. Matt and I have talked this project over on a couple of occasions. Mrs. Hadden is not at all receptive to minimization. She contends that some family member can assist in providing the necessary fill, and she is apparently willing to pipe the wet weather flow. (I think if she would have a little survey work done she might find that this is not practical.) It would be reasonable to allow minimal fill in order to access the high ground at the back of this property, plus incidental fill in order to meet minor house and landscape needs. However, it is not in the best interest of water quality to approve wholesale fill on this site. The developer, Danny Nolan, is out of the picture, and Mrs. Hadden apparently feels like she has been "stuck" when other people in the project have done as they pleased. (Can't really blame her.) Due to anticipated arguments over this opinion, it would probably be a good idea for John or Pete to make a visit. .... ., y??? ?".fr 'r^,' i"1I":<aL?(1-..:?\1,\Via J\/-1'1 JL.74/ • ¦,,,.yVyt[+?w??i,,,v?¦??¦,yr,..a?-.¦ a -- w Project nam Nearest road County etlan area. Z acres Wetland wid _h - ?vo feet Name of evaluato ate g S 9 n• r'7k "' r of M-•-• -?. 4 ?te a"? c?"#W"',z+?•r rat *s"'?,'x', .. t!7ytirA ,{+ tF"77F,", - Z `?.'? ; ?` `;? ,i .a: Kt•?,4'I ,r = Y ,? tir'e' J.yaP wy* -„? z ,. Adjacent land use ,WT ?YVetl cllocation r< .. } f, x Ww" r ;(vvlinile upsea' sope- -.ti'r l ,radfL15}dlce? iti 2i! yr! .rrF t ? k• ?! ? ,..4'CJr i apt ? J ? z ra`s?a fi k.' r N..' a?,DC? ",k Rc v?':"-air ? ?. s?;? ?.t ? V;1:?'a ?.0 perennial trear?n IYJforested/natural vegetation r on inr6rmittant stream agricult: ure, urban suburbai ? tin mterstream°divicje ? ?, tr ?€? ?` Y yr ;??, i' F ? impervious Surface s `, .;i ttc 1 aY Y- • i -,' s Domiriantt, ' vegetation "' '?1F1„ .? r ??, h r r cy t i J !• 1?' w T? 'wt -Y ? i .f? a '? t r w?3 ; t ? ,.. ? ? ?. ?. i. ' ?r h5 ,T ? T 7 i 3 " j , r?;,,r i ? x? ? t s ? r .y ,yi: >^ a? t r. f?} r.>? -,.? x Yb i?ty vc?z ??r y'? y? ? ..kr?tY r ,ia .?'? .r<a„ p?11"'F ^,R ?fr. i ?? • ? Y f+?-•y 1 ? t Yt k: ? i ?y ?{ k x.! ? 4.. ? 9 ? v f „F o ? ? . ?'" .'. $c? t?? ?Y'I? w?`x? ?. tom, j? ? t 3 -, t.K t ?d f?:., w i? ac Y '? r(a( f; ! ..,mod y {a 1,34 i Pw^a l?? iet g ? prre.?d minantly organic ohumuS, Vi. a n muck, or."peat predominantly mineral 'non sandy 1` ?' Tastet . a - RL tX ' ? predominantlysandy"'_ ?. Flooding ands wetness* X s ,'r1 y,rN?r, St ?? NSF ?? - w xr "v "? . ? . r i' i S, .yl ?, ?.++. h? a y/r } .F. M y t y 'Y ;' 1* f 1' L ' ?> { r semipermanentiy to ,permanent" r? d ! f l0 ar3edtior' Inundate! wx:rs Hydrauc' factors [] seasonally flooded?orInundae "? ??" ?? '? r ? i)terfTllttantl' flooded temporary ? steep topdgraphy -[?"dictied or channelized ,- surface water, y ?j "r r ?(1?to`jal wetland width 2100` feet E ?' ? no evidence of flooding orsurface ?s :?aryv!?;1afis' a"r?w rt , >•'' _f13.?" . t-..^ i?i37.??'!' -..:Q:::._??z .Wate ri7',L,,.,..Yn ?i:-:r.:.?aiw?iiic'^sn 4i2 _.; J:i?h •, ,yy i Wetland type (select one)* ? B?ttomland hardwood forest ? Pine savanr;: eadwater forest ? Freshwater marsh ? Swamp forest ? Bog/fen ? Wet flat ? Ephemeral v-etland M Pnrpsjn ? Carolina Ba; ? Bog forest ? Other *The rating system cannot be applied to salt or brackish marshes or s-zeam channels weight Water storage y x 4.00 - A ,?._, .,? Wetland Score A Bank/Shoreline stabilization ? x 4.00 - ?-P: Pollutant removal* x 5.00 -} ~ x Wildlife habitat _ x 2.00 Aquatic life value x 4.00 - N Recreation/Education _ 2 x 1.00 - G * Add 1 point if in sensitive watershed and > 10% nonpoint disturbance within 1 /2 mile .,pstream, upslope, or radius 57 sL ,Auk QUA,' 4' f E 996 covofS North Carolina Wildlife Resources Commission 512 N. Salislnu-y Strcct, RalciVh, Nurtli (:m-olina 27011, 9f9-73 3- 3 191 (1wrlcs R. Fullwu(xl, Executive I)ircctoir A- MEMORANDUM TO: John Dorney Division of Water Quality FROM: Bennett Wynne /, ? Habitat Conservation Program DATE: August 9, 1996 SUBJECT: Application for 401 Water Quality Certification for Larry and Drucilla Hadden, Lot #7, Riverside Estates S/D, off River Road near Fayetteville, Cumberland County, North Carolina. Project Number: 960694. The Wildlife Resources Commission has completed a review of the project and associated impacts on wildlife and fishery resources. A site visit was made on August 8, 1996. Our comments are provided in accordance with provisions of the Fish and Wildlife Coordination Act (48 Stat. 401, as amended; 16 U.S.C. 661 et seq.), Section 401 of the Clean Water Act (as amended), and North Carolina General Statutes (G.S. 113-131 et seq.) . The applicants are seeking certification to fill approximately 0.5 acre of wooded jurisdictional wetlands to facilitate the construction of a residence. Wetlands appear to comprise approximately half the area of the lot and are vegetated with sweetgum, sweet bay, red maple, laurel oak, water oak, Carex sedges, blueberry, grape, and greenbriar. Standing water was present during our site visit and blackened leaf litter and water marks on trees indicated surface water occurs on the site for a significant portion of the year. The wetlands provide high quality habitat for raccoon, muskrat, opossum, songbirds and amphibians. We were unable to determine whether these were headwater wetlands, but we could see that the roadside ditch adjacent NCWRC; 8-9-96; Project Number 960694 p.2 to the lot does drain into the wetlands. Thus, the wetlands appear to provide a water quality protection function by retaining and filtering stormwater runoff from the subdivision road. As proposed, the project would result in the loss of all wetlands on Lot 7 (0.5 acre) and isolate remaining wetlands on Lots 6 and 8. There has been no attempt to avoid, minimize, or mitigate wetland loss. To reduce the extent of adverse impact to wetlands having high wildlife habitat value and water quality protection potential, we recommend the following. 1. Construct the residence on high ground at the rear of the lot. 2. Construct driveway access to the residence on the right side of the lot, where the distance across wetlands is least, and install culverts under the driveway to maintain a hydraulic connection between adjacent wetland areas. Thank you for the opportunity to comment on this application. If you have questions regarding our comments or need additional assistance, please call me at (919) 522- 9736. cc: William Wescott, Coastal HabCon Coordinator s:\boatfish\habcon\coast\d4 (401haddn.doc) Adk July 17, 1996 REFERENCE: OWNERS: LARRY AND DRUCILLA HADDEN 700 AMETHYST COURT FAYETTEVILLE NC 28311-6801 TO: WILMINGTON DISTRICT ENGINEER CORPS OF ENGINEERS P.O. BOX 1890 WILMINGTON NC 28402-1890 ATTN. CESAW-CO-E TELEPHONE: (919) 251-4511 Dear Sir, PROJECT: 9 6 0 6 9 4 LOT #7 RIVERSIDE ESTATES 1533 PEPPERCHASE DRIVE FAYETTEVILLE NC 28301 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: (919) 733-17,6 ! __, .?? YskTLh??;,;5 G??rol6P ?lAbER `,ik:.fTY 'LC7loN ?... We are writing this letter as a part of our application for permission to complete plans to build a single family home on property we purchased for that specific purpose and to explain our situation because now it is a requirement for us to get permission from your office. We are also requesting answers to our many questions. We purchased lot # 7, 1533 Pepperchase Drive Riverside Estates on February 7, 1996. This lot and housing area is located off River Road, in Cumberland county, approximately 5 miles outside the City of Fayetteville, NC. We signed a contract with a builder on March 7, 1996, to build the house. During May we received a copy of the minutes from the Riverside Estates Homeowners Association meeting. In those minutes was a note that the Corps of Engineers would be present on June 3, 1996, to determine where wetlands are located in the housing area. I went to the Riverside Estates area on that date and waited for well over 2 hours and finally got to talk to Matthew Flint. I had no idea who he was nor did I understand what was going on. I talked to him briefly after he and two other individuals went on lots #6-8. 1 explained to him that my husband and I owned lot #7. He stated to me that #7 was the worst of all three lots, he was sorry to say. I asked what did he mean and he showed me a map of the housing area with lines running through the three lots and stated within those lines was wetland and a part of the lot would have to be delineated for us to build. I asked what did that mean. He drew lines on the map he had showing that we could build a house (L- shaped) with a driveway on the right side of the lot. He stated this drawing (as the house we could build) was the best he thought we would be able to do. I had a thousand questions going through my head to ask, however Flint, the two men with him and the developer, were off to other lots, I assumed, to determine other wetland. I continued to wait for a while longer hoping to talk and ask more questions. It was getting late and I finally left after about another hour. Over the next of 2 1/2 week period we called several places in Fayetteville trying to obtain a telephone number for the Corps of Engineers Office. We finally were able to get a number, called several times, left several messages to contact us in reference to the Wetland situations on our lot #7 in Riverside Estates. I was out of town June 6 through June 21, 1996. During that period someone from The Corps Office called my husband Larry at approximately 0630 one morning and made arrangements to have Matthew Flint called Larry at work. He called on June 16/17, they talked, and arrangements were made to send us a copy of the survey completed by the Corps. State of North Carolina Department of Environment, Health and Natural Resources James & Hunt, Jr., Governor Jonathan Q Howes, Secretary Steven J. Levitas, Deputy Secretary LTX.?FA dft C)EHNR Division of Water Quality Environmental Sciences Branch 4401 Reedy Creek Road Raleigh, N.C. 27607 FAX:(919) 733-9959 FROM: ?? C.v i w l PI-ZONE: -71q-73, - l 756 NO. OF PAGES INCLUDING THIS SHEET: 1 ` I