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State of North Carolina
Department of Environment,
Health and Natural Resources
Division of Environmental Management

AVA

DEHNR

James B. Hunt, Jr., Governor
Jonathan B. Howes, Secretary
A. Preston Howard, Jr., P.E., Director

Re: Proposed land clearing of wetlands
Cumberland County
COE #199505845

January 30, 1996 ~'7 W~t^rAJf,
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Mr. Bill Hayes
The Alliance Group of Fayetteville
P.O. Box 158" (;G 1 ~
Fayetteville, NC 28302 - 0 66 ~ \ ----'~

-......"
Dear Mr. Hayes:

On 8 January 1996, the U.S. Army Corps of Engioneers issued you a permit to fill
wetlands for the purpose of constmcting a residential subdivision (Birch Creek
Subdivision) in Cumberland' County off of Lakewood Road. You are also required to seek
approval from DEM to fill in these wetlands. The enclosed application needs to be
completed and returned to us with 7 copies of the application, supporting maps and
documentation.

Please call me at 919-733-1786 if you have any questions.

Sincerely,

cc: Matt Flint, Fayetteville DEM Regional Office
Wilmington Corps of Engineers
Central Files

ltr.app

Environmental Sciences Branch, 4401 Reedy Creek Rd., Raleigh, NC 27607 Telephone [phone] FAX # [phone]
An Equal Opportunity Affirmative Action Employer' 50% recycled/10% post consumer paper

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REPLY TO
ATTENTION OF

January 8, 1996

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DEPARTMENT OF THE ARMY
WilMINGTON DISTRICT, CORPS OF ENGINEERS
P.O. BOX 1890
WilMINGTON, NORTH CAROLINA 28402.1890

Regulatory Branch

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Action ID. 199505845, Birch Creek Subdivision

The Alliance Group of Fayetteville
c/o Mr. Bill Hayes
Post Office Box 768
Fayetteville, North Carolina 28302

Dear Mr. Hayes:

Please reference our previous correspondence, dated September 28, 1995,
regarding unauthorized activities in jurisdictional wetlands at your Birch
Creek subdivision off of Lakewood Road, near Hope Mills, Cumberland County,
North Carolina.

/' '110- 1157000 I

On November 7, 1995, Mr. Rob Moul, your agent, met on-site with
wilmington Regulatory Field Office staff members Messrs. Jeff Richter,
Mike Taylor, and the undersigned, It was observed that substantial progress
had been made to restore the wetlands affected by your unauthorized work.
Additionally, wetland flagging destroyed by logging had been replaced to
identify the location and extent of wetlands on the property. With the
exception of two minor fills, all restoration work has been satisfactorily
completed. Your cooperation and prompt response to our September 28 letter is
appreciated.

During the meeting we requested that you remove residual amounts of
unauthorized fill material down to original grade in two areas:

a. Near wetland flag No. 67, west of an imaginary line drawn between the
last fire hydrant and a wooden stake placed at the head of a rip-rap
drain, at the southern end of Lullwater Drive, on the southeastern corner
of Lot 131.

b. A small crescent shaped area lying to the south of wetland flags
No. 84-86. Upon completion of this remedial work, your cease and desist order
will be rescinded and the file closed on this enforcement matter.

The Corps is concerned about potential cumulative adverse impacts to
wetlands that may occur in your development due to anticipated needs for
individual lot fill. The subdivision plat illustrating approved lot lines and
the approved wetland line shows that lots No. 77, 78, 93, 97, 111, 114, 122,
and 131 contain wetland areas so significant that development may not be
possible without first obtaining individual Department of Army permit
authorization. We strongly suggest that you consider reconfiguring your lot
layout to avoid the need for permits to the extent practicable.

Where eligible, nationwide permits authorize activities in wetlands
provided that the work results in minimal adverse impact to the aquatic
environment. For residential development purposes, we normally issue permits
for access through and modifications to wetlands that facilitate full use of
upland areas for houses and related construction. Discharges beyond those
needed to accomplish these needs are generally considered unnecessary, and
therefore ineligible for authorization by nationwide permit.

P"nled on * Recycted Paper

,

.~
I

-2-

Our records indicate that three acres of wetland fill was authorized for
construction related activities in Phase I of the Birch Creek subdivision.
Impacts to wetlands for Phase II construction will be added to that acreage
when determining the cumulative environmental impact of the development.
Portions of your continuing project may still qualify for authorization by
nationwide permit. However, you should be aware that mitigation may be
required for wetland impacts exceeding three acres.

If you have questions regarding this correspondence, please contact me by
writing the above address, or by telephoning [phone].

Sincerely,

Matt Flint
Regulatory Specialist

Copies Furnished:

~

Mr. John Dorney
Division of Environmental Management
North Carolina Department of
Environment, Health and
Natural Resources
4401 Reedy Creek Road
Raleigh, North Carolina 27611-7687

Mr. Rob Moul
Biological Consultant
Land Management Group, Inc.
Post Office Box 2522
Wilmington, North Carolina 28402

/

'.... /State of North Carolina
~" ___// Department of Environment,
Health and Natural Resources
Division of Environmental Management

Ja mes 8. Hunt, Jr., Gave mor
Jonathan 8. Howe~ Secretary
A. Preston Howard, Jr., P.E., Director

FAX TO:

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FAX NUMBER:

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DEHNR

FROM:

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Environmental Sciences Branch · 4401 Reedy Creek Road
Telephone [phone]
An Equal Opportunity Affirmatlve Actlon Employer

· Raleigh, North Carolina 27607
FAX # [phone]
50% recycledl10% post consumer paper

January 8, 1996

DEPARTMENT OF THE ARMY
WILMINGTON DISTRICT, CORPS OF ENGINEERS
P.O. BOX 1890
WILMINGTON, NORTH CAROLINA 28402-1890

REPLY TO
ATTENTION OF

Regulatory Branch

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1),d

Action ID. 199505845, Birch Creek Subdivision

The Alliance Group of Fayetteville
c/o Mr. Bill Hayes
Post Office Box 768
Fayetteville, North Carolina 28302

Dear Mr. Hayes:

Please reference our previous correspondence, dated September 28, 1995,
regarding unauthorized activities in jurisdictional wetlands at your Birch
Creek subdivision off of Lakewood Road, near Hope Mills, Cumberland County,
North Carolina.

On November 7, 1995, Mr. Rob Moul, your agent, met on-site with
Wilmington Regulatory Field Office staff members Messrs. Jeff Richter,
Mike Taylor, and the undersigned. It was observed that substantial progress
had been made to restore the wetlands affected by your unauthorized work.
Additionally, wetland flagging destroyed by logging had been replaced to
identify the location;and extent of wetlands on. the property. With the
exception of two minor fills, all restoration work has been satisfactorily
completed. Your cooperation and prompt response to our September 28 letter is
appreciated.

During the meeting we requested that you remove residual amounts of
unauthorized fill material down to original grade in two areas:

a. Near wetland flag No. 67, west of an imaginary line drawn between the
last fire hydrant and a wooden stake placed at the head of a rip-rap
drain, at the southern end of Lullwater Drive, on the southeastern corner
of Lot 131.

b. A small crescent shaped area lying to the south of wetland flags
No. 84-86. Upon completion of this remedial work, your cease and desist order
will be rescinded and the file closed on this enforcement matter.

The Corps is concerned about potential cumulative adverse impacts to
wetlands that may occur in your development due to anticipated needs for
individual lot fill. The subdivision plat illustrating approved lot lines and
the approved wetland line shows that lots No. 77, 78, 93, 97, 111, 114, 122,
and 131 contain wetland areas so significant that development may not be
possible without first obtaining individual Department of Army permit
authorization. We strongly suggest that you consider reconfiguring your lot
layout to avoid the need for permits to the extent practicable.

Where eligible, nationwide permits authorize activities in wetlands
provided that the work results in minimal adverse impact to the aquatic
environment. For residential development purposes, we normally issue permits
for access through and modifications to wetlands that facilitate full use of
upland areas for houses and related construction. Discharges beyond those
needed to accomplish these needs are generally considered unnecessary, and
therefore ineligible for authorization by nationwide permit.

Pnnled on * Recycled Paper

-2-

Our records indicate that three acres of wetland fill was authorized for
construction related activities in Phase I of the Birch Creek subdivision.
Impacts to wetlands for Phase II construction will be added to that acreage
when determining the cumulative environmental impact of the development.
Portions of your continuing project may still qualify for authorization by
nationwide permit. However, you should be aware that mitigation may be
required for wetland impacts exceeding three acres.

If you have questions regarding this correspondence, please contact me by
writing the above address, or by telephoning [phone].

Sincerely,

Matt Flint
Regulatory Specialist

Copies Furnished:

~

Mr. John Dorney
Division of Environmental Management
North Carolina Department of
Environment, Health and
Natural Resources
4401 Reedy Creek Road
Raleigh, North Carolina 27611-7687

Mr. Rob Moul
Biological Consultant
Land Management Group, Inc.
Post Office Box 2522
Wilmington, North Carolina 28402