19960397 Ver 1_COMPLETE FILE_19960426

State of North Carolina IT
Department of Environment,
Health and Natural Resources ` LTI.MMAI
Division of Environmental Management
James B. Hunt, Jr., Governor
Jonathan B. Howes, Secretary ID E H N F?
A. Preston Howard, Jr., P.E., Director
May 8, 1996
Cumberland County
DEM Project # 960397
APPROVAL of 401 Water Quality Certification and ADDITIONAL CONDITIONS
Mr. William Maxwell, Jr.
P.O. Box 53688
Fayetteville, NC 28305
Dear Mr. Maxwell:
You have our approval to place fill material in 0.22 acres of wetlands or waters for the purpose of
constructing a condominium complex at Elk Road (SR 1363) near Cameron Road (SR 1131), as you
described in your application dated 24 April 1996. After reviewing your application, we have decided
that this fill is covered by General Water Quality Certification Numbers 2732 and 2671. These
certifications allow you to use Nationwide Permit Numbers 14 and 26 when they are issued by the Corps
of Engineers.
This approval is only valid for the purpose and design that you described in your application. If you
change your project, you must notify us and you may be required to send us a new application. For this
approval to be valid, you must follow the conditions listed in the attached certification. Deed
restrictions shall be added to all lots with jurisdictional wetlands to prevent future fill. In addition, you
should get any other federal, state or local permits before you go ahead with your project.
If you do not accept any of the conditions of this certification, you may ask for an adjudicatory
hearing. You must act within 60 days of the date that you receive this letter. To ask for a hearing, send
a written petition which conforms to Chapter 150B of the North Carolina General Statutes to the Office
of Administrative Hearings, P.O. Box 27447, Raleigh, N.C. 27611-7447. This certification and its
conditions are final and binding unless you ask for a hearing.
This letter completes the review of the Division of Environmental Management under Section 401
of the Clean Water Act. If you have any questions, please telephone John Dorney at 919-733-1786.
Sincerely,
I ?I
ston Howard, . P.E.
Attachment
cc: Wilmington District Corps of Engineers
Corps of Engineers Wilmington Field Office
Fayetteville DEM Regional Office
Mr. John Dorney
Central Files
Harvey allen; Allen-Kimley and Associates
960397.1tr
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
ALLEN-KIMLEY & ASSOCIATES, PA
Civil • Municipal • Traffic • Environmental
Mr. John Dorney
Water Quality Planning
Division of Environmental Management
NCDEHNR
P.O. Box 29535
Raleigh, NC 27626-0535
Date: April 24, 1996
RE: Elk Ridge Condos (NWP 14 & NWP 26)
Hope Mills, Cumberland County, NC
Dear Sir:
134 Wheat Way
Fayetteville, NC 28314
[phone]
[phone] Fax
U
Please process the enclosed Joint Application (NWP 14 and NWP 26) (7 sets).
Per your offices direction, the NWP 14 is for the Road crossing (0.15 ac) and the NWP 26 is for
the Building encroachment (0.07 ac).
Additionally, please find one ( l) copy of the wetlands map that Scott McClendon has signed-off
on.
Should you have any questions, please call.
Cordially:
1 F 4 ,i? .??r+P
Harvey Allen
enclosures
6,199
'9<< 6

. 40 . 'I ISSUED
DEM ID: ACTION ID:
NATIONWIDE PERMIT REQUESTED (PROVIDE NATIONWIDE PERMIT 0): NWP 14 (ROAD) &
NWP 26 BU DING)
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 PR,
RALEIGH, NC 27626-0535
ATTN: MR. JOHN DORNEY
Telephone (9 19) 733e-10-,1-714
ONE (1) COPY OF THIS COMPLETED APPLICATION SHOULD BE SENT TO THE CORPS OF
ENGINEERS. SEVEN (7) COPIES SHOULD BE SENT TO THE N.C. DIVISION OF
ENVIRONMENTAL MANAGEMENT. PLEASE PRINT.
a. OWNERS NAME: William A. Maxwell. Tr_
2. OWNERS ADDRESS : P.O. Box 51688
Fayetteville. NC 28305
3. OWNERS PHONE NUMBER (HOME): [phone] (WORK): [phone]
4: IF APPLICABLE: AGENT'S NAME OR RESPONSIBLE CORPORATE OFFICIAL, ADDRESS,
PHONE NUMBER: Same
5. LOCATION OF WORK (MUST ATTACH MAP). COUNTY: Cumherlan d
NEAREST TOWN OR.CITY: Hope Mills
SPECIFIC LOCATION (INCLUDE ROAD NUMBERS, LANDMARKS, ETC.):
Elk Road'(SR 1363). 3000 +/- feet from .he interAertion of FIX Road
(SR 1363) and Cameron Road (SR 1131).
6. NAME OF CLOSEST STREAM/RIVER: Rockfish Creek
7. RIVER BASIN: Cape Fear
8. IS THIS PROJECT LOCATED IN A WATERSHED CLASSIFIED AS TROUT, SA, HQW, ORW,
WS I, OR WS II? YES [ J NO (? J
9. HAVE ANY SECTION 404 PERMITS BEEN PREVIOUSLY REQUESTED FOR USE ON THIS
PROPERTY? YES [ ) NO [g )
IF YES, EXPLAIN.
10. ESTIMATED TOTAL NUMBER OF ACRES OF WATERS OF THE U.S., INCLUDING
WETLANDS, LOCATED ON PROJECT SITE: 9.0 6/10/92

I
-2-
11. NUMBER OF ACRES OF WATERS OF THE U.S:, INCLUDING WETLANDS, IMPACTED BY
THE PROPOSED PROJECT:
FILLED:
DRAINED:
FLOODED:
EXCAVATED: 0.15 ac (Road) & 0.07 ac (Building)
a?
TOTAL IMPACTED: 0-99
12. DESCRIPTION OF PROPOSED WORK (ATTACH PLANS):
Build road cross wetlands o allow a ess to future deg=elon„ment
lands, and place part of a building (condo) into a wetland finger.
13. PURPOSE OF PROPOSED WORK: To provide access to future development
14. STATE REASONS WHY THE APPLICANT BF.LIEVFS THAT THIS ACTIVITY MUST BE
CARRIED OUT IN WETLANDS. ALSO, NOTE MEASURES TAKEN TO MINIMIZE WETLAND
IMPACTS. We must have af`C`PRC i-n i-ha roar = rn= rzr+ frnM .4-h' p ^f
property. ThesGi n(rl P_ fami 1.g( hntin to t.hp acct nn +hc .c+•1 mads map
will - west
aid we have barely bear able to obtain the required patkiM ratio. 4\b have pulled the buildings up
15. YOU ARE REQUIRED TO CONTACT THE U.S. FISH AND WILDLIFE SERVICE nuch as possible.
(USFWS) AND/OR NATIONAL MARINE FISHERIES SERVICE (NMFS) REGARDING THE PRESENCE
OR ANY FEDERALLY LISTED OR PROPOSED FOR LISTING ENDANGERED OR THREATENED
SPECIES OR CRITICAL HABITAT IN THE PERMIT AREA THAT MAY BE AFFECTED BY THE
PROPOSED PROJECT. HAVE YOU DONE SO? YES [ I NO [ ] N/A (NWP 14 & NWP 26)
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 [ ) N/A (NWP 14 & NWP 26)
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? sincrla fami1x and iindavaln=ed lai
F. IF APPLICABLE, WHAT IS PROPOSED METHOD OF SEWAGE DISPOSAL?

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