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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 [phone].
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 [phone] FAX # [phone]
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 [phone].
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 [phone].
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 [phone].
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
[phone] or Ken Averitte at our Fayetteville Regional Office [phone].
Environmental Sciences Branch 4401 Reedy Creek Road Raleigh, North Carolina 27607
Telephone [phone] FAX # [phone]
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
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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
[phone] or Ken Averitte at our Fayetteville Regional Office [phone].
Environmental Sciences Branch 4401 Reedy Creek Road Raleigh, North Carolina 27607
Telephone [phone] FAX # [phone]
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 [phone] FAX # [phone]
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 [phone] or Ken Averitte at our
Fayettville Regional Office [phone].
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 [phone]
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 # [phone]
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 [phone].
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 [phone]'319
Fax No. [phone]
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 # [phone]
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 [phone].
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 [phone].
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 [phone] FAX # [phone]
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 [phone] or Pete Colwell at [phone].
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 # [phone]
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 [phone] FAX # [phone]
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 [phone] or Pete Colwell at [phone].
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 [phone].
3
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.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

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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 [phone], 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 [phone]
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 [phone]
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 [phone].
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i NCWRC,HCP,FALLS LAKE
TEL:[phone] 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:[phone] 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.
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FAX COVER
Falls Lake ()ffice
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Number of parses inc-ludinn cover shr-el
NC Wildlife Resources Commission
Habitat Conservation Program
1142 1-85 Service Pn;;ri
Crpedtnoor, NC 27522
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(-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
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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 ?
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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
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FLAT Bodk 85
PAGE 63

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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 [phone], 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 [phone] or Pete Colwell at [phone].
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 [phone]
An Equal Opportunity Affirmative Action Employer
Raleigh, North Carolina 27607
FAX # [phone]
5096 recycled/1096 post consumer paper
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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 [phone].
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 [phone] or Pete Colwell at [phone].
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 [phone]
An Equal Opportunity Affirmative Action Employer
Raleigh, North Carolina 27607
FAX # [phone]
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 [phone].
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: [phone]
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 [phone]
WATER QUALITY PLANNING
DIVISION OF ENVIRONMENTAL MANAGEMENT
NC DEPARTMENT OF ENVIRONMENT, HEALTH,
AND NATURAL RESOURCES
P.O. BOX 29535
RALEIGH NC 27626-0535
ATTN.: MR. JOHN DORNEY
TELEPHONE [phone]
ONE (1) COPY OF THIS COMPLETED APPLICATION SHOULD BE SENT TO THE CORPS OF ENGINEERS.
SEVEN (7) COPIES SHOULD BE SENT TO THE 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): [phone] (Work): [phone] [phone]
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
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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:
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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

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QUA,' 4'
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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: [phone]
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: [phone],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:[phone]
FROM: ?? C.v i w l
PI-ZONE: -71q-73, - l 756
NO. OF PAGES INCLUDING THIS SHEET: 1 ` I