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HomeMy WebLinkAbout19960790 Ver 1_COMPLETE FILE_19960819 PO Box 1664 Smithfield, NC 27577 February 17, 1997 State of North Carolina Department of Environment 4401 Reedy Creek Road Raleigh, NC 27607 Ref: Violation of Section 401 Water Quality Certification Lots 23 and 24 Riverside Estates DWQ Project # 960790 Cumberland County Dear Mr Dorney, We fully understand the authorization that was granted to us in order to construct houses on lots 23 and 24, and now we will correct the problem that was created by Mr Danny Nolan. When we purchased said lots from Mr Nolan, information was withheld so he agreed to correct the wetlands problem, because he knew the size of the lots were incorrect because of the wetlands. However, now that we have documentation of the violation, we can proceed, in court if necessary to recoup expenses from Mr Nolan. We will completely fill in the new ditch, bring in fill dirt to build up the back yards and make sure all storm water is directed to sheetflow into the wetlands at the back Cf lots, which will not be used by either party. We sincerely hope the above action will solve the problem and prevent any further action from you concerning lots 23 and 24 in Riverside Estates. Sincerely, 1 othy Ingram j? ames Ju ms .? cc: Ken Averitte, DWQ Fayetteville Regional Office 2, 2, •J 1 t., n? z n d C?1 .'h x N m m Cl- m z -P 7v N cn V Vt V V C 9 W I ? N This activity must be carried out because the house would be uninhabitable. It would create a health hazard with the mosquitoes and the stagnant water. I had this conversation with the Engineers in August and I stated I would not build on the lot, if I could not utilize the land that I needed, because I need the Tennis Court for therapy because of my health condition. Application was submitted 7124196.( see exhibit 1). Approval was granted 9130196 (see exhibit 2). Now I am told the approval was only for Judkins lot #24. The Corp of Engineers have visited the site on numerous occasions and nothing was said. Two week before my moving date the Engineers have halted the landscaping of the yard. By filling the ditch directly in the back yard, I will actually be creating more wet lands at the back of my lot (see exhibit 3). Please allow me to say this, I purchased the land in 1994 and heard nothing about wet lands until 1996 as I was contacting a builder. Construction was delayed (3) months because I wanted to proceed working within the restrictions which I never knew existed. Is there no Agency working with the Environmental Corps to protect potential buyers? (see exhibit 4) DEM ID: CORPS ACTION ID: NATIONWIDE PERMIT REQUESTED (PROVIDE NATIONWIDE PERMIT #): PRE-CONSTRUCTION NOTIFICATION APPLICATION FOR NATIONWIDE PERMITS THAT REQUIRE: 1) NOTIFICATION TO THE CORPS OF ENGINEERS 2) APPLICATION FOR SECTION 401 CERTIFICATION 3) COORDINATION WITH THE NC DIVISION OF COASTAL MANAGEMENT SEND THE ORIGINAL AND (1) COPY OF THIS COMPLETED FORM TO THE APPROPRIATE FIELD OFFICE OF THE CORPS OF ENGINEERS (SEE AGENCY ADDRESSES SHEET). SEVEN (7) COPIES SHOULD BE SENT TO THE N.C. DIVISION OF ENVIRONMENTAL MANAGEMENT (SEE AGENCY ADDRESSES SHEET). PLEASE PRINT. 1. OWNERS NAME: ©2y2!27 ,I ` .0 •- y 2. MAILING ADDRESS: (;)o' SUBDIVISION NAME e?'?? (4, CITY :/? ?e4z?& STATE: ZIP CODE: Ck- 193 PROJECT LOCATION ADDRESS, IUDING SUBDIVISIOy NAME (IF DIFFERENT FROM MAILING ADDRESS ABOVE) : ,?y.tyar J £S/Ir. S ze,e" ?3 3. TELEPHONE NUMBER (HOME) (WORK) : 4. IF APPLICABLE: AGENT'S NAME OR RESPONSIBLE CORPORATE OFFICIAL, ADDRESS, PHONE NUMBER: 5. LOCATION OF WORK (PROVIDE A MAP, PREFERABLY A COPY OF USGS TOPOGRAPHIC MAP OR AER PHOT GRAPHY WITH SCALE): COUNTY :? NEAREST TOWN OR CITY: 1 SPECIFIC LOCATION (INCLUDE ROAD NUMBERS, LANDMARKS, ETC.): 0??1,1C?.45? ??, Ao 4w 6. IMPACTED OR NEAREST STREAM/RIVER: RIVER BASIN: 7a. IS PROJECT LOCATED NEAR WATER CLASSIFIED AS TROUT, TIDAL SALTWATER (SA), HIGH QUALITY WATERS (HQW), OUTSTANDING RESOURCE WATERS (ORW), WATER SUPPLY (WS-I OR WS-II)? YES [ ] NO [V IF YES, EXPLAIN: 7b. IS THE PROJECT LOCATED WITHIN A NORTH CAROLINA DIVISION OF COASTAL MANAGEMENT AREA OF ENVIRONMENTAL CONCERN (AEC)? YES [ ] NO V 7c. IF THE PROJECT IS LOCATED WITHIN A COASTAL COUNTY (SEE PAGE 7 FOR LIST OF COASTAL COUNTIES) , WHAT IS 7-??3 :?vD USE PL?NI (LUP) DESIGNATION? 8a. HAVE ANY SECTION 404 PERMITS BEEN PREVIOUSLY REQUESTED FOR USE ON THIS PROPERTY? YES [ ] NO [V! IF YES, PROVIDE ACTION I.D. NUMBER OF PREVIOUS PERMIT AND ANY ADDITIONAL INFORMATION (INCLUDE PHOTOCOPY OF 401 CERTIFICATION): 8b. ARE ADDITIONAL PERMIT REQUESTS EXPECTED FOR THIS PROPERTY IN THE FUTURE? YES [ ] NO [P? IF YES, DESCRIBE ANTICIPATED WORK: 2 9a. ESTIMATED TOTAL NUMBER OF ACRES IN TRACT OF LAND: /, 6 9b. ESTIMATED TOTAL NUMBER OF ACRES OF WETLANDS LOCATED ON PROJECT SITE: 10a. NUMBER OF ACRES OF WETLANDS IMPACTED BY THE PROPOSED PROJECT BY: FILLING: V/ EXCAVATION: FLOODING: DRAINAGE: 4-? evr r_, OTHER: TOTAL ACRES TO BE IMPACTED: ?/ 6) j 10b. (1) STREAM CHANNEL TO BE IMPACTED BY THE PROPOSED PROJECT (IF RELOCATED, PROVIDE DISTANCE BOTH BEFORE AND AFTER RELOCATION): LENGTH BEFORE: FT AFTER: FT WIDTH BEFORE (based on normal high water contours): FT WIDTH AFTER: FT AVERAGE DEPTH BEFORE: FT AFTER: FT (2) STREAM CHANNEL IMPACTS WILL RESULT FROM: (CHECK ALL THAT APPLY) OPEN CHANNEL RELOCATION: PLACEMENT OF PIPE IN CHANNEL: CHANNEL EXCAVATION: OTHER CONSTRUCTION OF A DAM/FLOODING: 11. IF CONSTRUCTION OF A POND IS PROPOSED, WHAT IS THE SIZE OF THE WATERSHED DRAINING TO THE POND? WHAT IS THE EXPECTED POND SURFACE AREA? 12. DESCRIPTION OF PROPOSED WORK INCLUDING DISCUSSION OF TYPE OF 3 MECHANICAL EQUIPMENT TO BE USED (ATTACH PLANS: 8 1/2" X 11" DRAWINGS ONLY) : 13. PURPOSE OF PROPOSED WORK: Y.3 f 117tl erj 144 14. STATE REASONS WHY IT IS BELIEVED THAT THIS ACTIVITY MUST BE CARRIED OUT IN WETLANDS. (INCLUDE ANY MEASURES TAKEN TO MINIMIZE WETLAND IMPACTS): 15. YOU ARE REQUIRED TO CONTACT THE U.S. FISH AND WILDLIFE SERVICE (USFWS) AND/OR NATIONAL MARINE FISHERIES SERVICE (NMFS) (SEE AGENCY ADDRESSES SHEET) REGARDING THE PRESENCE OF 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. DATE CONTACTED: (ATTACH RESPONSES FROM THESE AGENCIES.) 16. YOU ARE REQUIRED TO CONTACT THE STATE HISTORIC PRESERVATION OFFICER (SHPO) (SEE AGENCY ADDRESSES SHEET) REGARDING THE PRESENCE OF HISTORIC PROPERTIES IN THE PERMIT AREA WHICH MAY BE AFFECTED BY THE PROPOSED PROJECT. DATE CONTACTED: 17. DOES THE PROJECT INVOLVE AN EXPENDITURE OF PUBLIC FUNDS OR THE USE OF PUBLIC (STATE) LAND? 4 4 YES [] NO H (IF NO, GO TO 18) a. IF YES, DOES THE PROJECT REQUIRE PREPARATION OF AN ENVIRONMENTAL DOCUMENT PURSUANT TO THE REQUIREMENTS OF THE NORTH CAROLINA ENVIRONMENTAL POLICY ACT? YES H NO [] b. IF YES, HAS THE DOCUMENT BEEN REVIEWED THROUGH THE NORTH CAROLINA DEPARTMENT OF ADMINISTRATION STATE CLEARINGHOUSE? YES [] NO [] IF ANSWER TO 17b IS YES, THEN SUBMIT APPROPRIATE DOCUMENTATION FROM THE STATE CLEARINGHOUSE TO DIVISION OF ENVIRONMENTAL MANAGEMENT REGARDING COMPLIANCE WITH THE NORTH CAROLINA ENVIRONMENTAL POLICY ACT. QUESTIONS REGARDING THE STATE CLEARINGHOUSE REVIEW PROCESS SHOULD BE DIRECTED TO MS. CHRYS BAGGETT, DIRECTOR STATE CLEARINGHOUSE, NORTH CAROLINA DEPARTMENT OF ADMINISTRATION, 116 WEST JONES STREET, RALEIGH, NORTH CAROLINA 27603-8003, TELEPHONE (919) 733-6369. 18. THE FOLLOWING ITEMS SHOULD BE INCLUDED WITH THIS APPLICATION IF PROPOSED ACTIVITY INVOLVES THE DISCHARGE OF EXCAVATED OR FILL MATERIAL INTO WETLANDS: a. WETLAND DELINEATION MAP SHOWING ALL WETLANDS, STREAMS, LAKES AND PONDS ON THE PROPERTY (FOR NATIONWIDE PERMIT NUMBERS 14, 18, 21, 26, 29, AND 38). ALL STREAMS (INTERMITTENT AND PERMANENT) ON THE PROPERTY MUST BE SHOWN ON THE MAP. MAP SCALES SHOULD BE 1 INCH EQUALS 50 FEET OR 1 INCH EQUALS 100 FEET OR THEIR EQUIVALENT. 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. ATTACH A COPY OF THE STORMWATER MANAGEMENT PLAN IF REQUIRED. e. WHAT IS LAND USE OF SURROUNDING PROPERTY? f. IF APPLICABLE, WHAT IS PROPOSED METHOD OF SEWAGE DISPOSAL? 5 w 9• SIGNED AND DATED AGENT AUTHORIZATION LETTER, IF APPLICABLE. NOTE: WETLANDS OR WATERS OF THE U.S. 1) ISSUANCE OF A SECTION 404 CORPSAOF ENOT BE PRIOR NGINEERSAPERMIT, TO: 2) EITHER THE ISSUANCE OR WAIVER OF A 401 DIVISION OF ENVIRONMENTAL MANAGEMENT (WATER QUALITY) 3) (IN TFIS TWENTY COASTAL COUNTIESONLYTI ACLETTER FRO NORTH CAROLINA DIVISION OF COASTAL M THE MANAGEMENT THE ACTIVITY IS CONSISTENT WITH THE NORTH CAROL ASCOASTAL MANAGEMENTD PROGRAM. EMENT OWNER'S/A ENT'S 9r NATURE _AJ DATE (AGENT'S SIGNATURE VALID ONLY IF AUTHORIZATION LETTER FROM THE OWNER IS PROVIDED (18g.)) 6 0/ DEM ID: CORPS ACTION ID: .NATIONWIDE PERMIT REQUESTED (PROVIDE NATIONWIDE PERMIT #?: PRE-CONSTRUCTION NOTIFICATION APPLICATION FOR NATIONWIDE PERMITS THAT REQUIRE: 1) NOTIFICATION TO TSz CORPS OF zNGINEERS 2) APPLICATION FOR SZCTION 401 CERTIFICATION 3) COORDINATION WITH TSE NC DIVISION OF COASTAL IrAMM24 NT { f' SEND THE ORIGINAL AND (1) COPY OF THIS COLLETED FORM TO THE APPROPRIATE FIELD OFFICE OF THE CORPS OF ENGINEERS (SEE AGENCY ADDRESSES SHEET). SEVEN (7) COPIES SHOULD BE SENT TO THE N.C. DIVISION OF ENVIRONMENTAL MANAGEMENT (SEE AGENCY ADDRESSES SHEET). PLEASE PRINT. 1. OWNERS NAME: 2. MAILING ADDRESS : D ©? / & SUBDIVISION NAME: ?/2 L? STATE: ZIP CODE: CITY : - *PROJECT LOCATION ADDRESS, ?Sy?+Uj VYING/ SjJeBD???NN?E (? 0-r MAILING ADDRESS ABOVE) f''?' rS ?f •C. 3. TELEPHONE NUMBER (HOME) : (WORK) 4. IF APPLICABLE: AGENT'S NAME OR RESPONSIBLE CORPORATE OFFICIAL, ADDRESS, PHONE NUMBER: 5. LOCATION OF WORK (PROVIDE A MAP, PREFERABLY A COPY OF USGS TOPOGRAPHIC MAP OR AERIAL PHOTOGRAPHYTH SCALE) : e COUNTY: l rU a Al NEAREST TOWN OR CITY • 1 SPECIFIC LOCATION (INCLUDE ROAD c1 d' 1 tt'U ?I Ir D ?.t? ?? S h ?IK, t d 2-Y- 0 t 9ERS, LANDMARKS, ETC.): CL rC 6. IMPACTED OR NEAREST RIVER: (? w- Q r-_ a Y RIVER BASIN: 7a. IS PROJECT LOCATED NEAR WATER CLASSIFIED AS TROUT, TIDAL SALTWATER (SA), HIGH QUALITY WATERS (HQW), OUTSTAND NG RESOURCE WATERS (ORW), WATER SUPPLY (WS-1 OR WS-II)? YES [ ] NO [v IF YES, EXPLAIN: 7b. IS THE PROJECT LOCATED WITHIN A NORTH CAROLINA DIVISION OF COASTAL MANAGEMENT AREA OF ENVIRONMENTAL CONCERN (AEC)? YES [ ] NO [1-] 7 IF THE PROJECT IS LOCATED WITHIN A COASTAL COUNTY (SEE PAGE 7 FOR IT OF COASTAL COUNTIES),\ WHAT IS THE LAND USE PLAN (LUP) DESIGNATION? 8a. HAVE ANY SECTION 404 PERMITS V EN PREVIOUSLY REQUESTED FOR USE ON THIS PROPERTY? YES [ ] NO [Vr IF YES, PROVIDE ACTION I.D. NUMBER OF PREVIOUS PERMIT AND ANY ADDITIONAL INFORMATION (INCLUDE PHOTOCOPY OF 401 CERTIFICATION) : 8b. ARE ADDITIONAL PERMIT REQUESTS EXPECTED FOR THIS PROPERTY IN THE FUTURE? YES [Vr NO [ ] IF YES, DESCRIBE ANTICIPATED WORK: d su/z? AnmPs •3, 9a. ESTIMATED TOTAL NUMBER OF ACRES IN TRACT OF LAND: 1.6 7 A 9b. ESTIMATED TOTAL NUMBER OF ACRES OF WETLANDS LOCATED ON PROJECT SITE: /3 To_ ia - a 0a. NUMBER OF ACRES OF WETLANDS IMPACTED BY THE PROPOSED PROJECT BY: LLING: V EXCAVATION: FLOODING: OTHER: TOTAL ACRES TO BE IMPACTED: DRAINAGE: DlTC h lOb. (1) TO BE IMPACTED BY THE PROPOSED PROJECT (IF RELOCATED, PROVIDE DISTANCE BOTH BEFORE AND AFTER RELOCATION); LENGTH BEFORE: 1201 FT AFTER: FT WIDTH BEFORE (based on normal high water contours): FT WIDTH AFTER: 3/ FT Z ? FT AFTER: 3 / FT AVERAGE DEPTH BEFORE: ?I 'I-Gh"'" IMPACTS WILL RESULT FROM: (CHECK ALL THAT APPLY) OPEN CHANNEL RELOCATION: qzs PLACEMENT OF PIPE IN CHANNEL:® 03ANNEL EXCAVATION: CONSTRUCTION OF A DAM/FLOODING: OTHER: 11. IF CONSTRUCTION OF A POND IS PROPOS D, WHAT IS THE SIZE OF THE WATERSHED DRAINING TO THE POND? -- WHAT IS THE EXPECTED POND SURFACE AREA? 12. DESCRIPTION OF PROPOSED WORK INCLUDING DISCUSSION OF TYPE OF MECHANICAL EQUIPMENT TO BE USED (ATTACH PLANS: 8 1/2" X 11" DRAWINGS ONLY): r^ 0 13. PURPOSE OF PROPOSED WORK: -r O 4 CA ! G An m e- 3 • 14. STATE REASONS WHY IT IS BELIEVED THAT THIS ACTIVITY MUST BE CARRIED OUT IN WETLANI,}S. ``(INCLU E AN rMASUR)? TP, I<EN O MINIMIZE ? WETLAND K, IMPACTS) : /lALiCaA/ A.I AJ-W%/dj-reU 15. YOU ARE REQUIRED TO CONTACT THE U.S. FISH AND WILDLIFE SERVICE (USFWS) AND/OR NATIONAL MARINE FISHERIES SERVICE (NMFS) (SEE AGENCY ADDRESSES SHEET) REGARDING THE PRESENCE OF 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. DATE CONTACTED: (ATTACH RESPONSES FROM THESE AGENCIES.) 16. YOU ARE REQUIRED TO CONTACT THE STATE HISTORIC PRESERVATION OFFICER (SHPO) (SEE AGENCY ADDRESSES SHEET) REGARDING THE PRESENCE OF HISTORIC PROPERTIES IN THE PERMIT AREA WHICH MAY BE AFFECTED BY THE PROPOSED DROJECT. DATE CONTACTED: 17. DOES THE PROJECT INVOLVE AN EXPENDITURE OF PUBLIC FUNDS OR THE USE OF PUBLIC (STATE) LAND? YES [] NO [W/(IF NO, GO TO 18) a. IF YES, DOES THE PROJECT REQUIRE PREPARATION OF AN ENVIRONMENTAL DOCUMENT PURSUANT TO THE REQUIREMENTS OF THE NORTH CAROLINA ENVIRONMENTAL POLICY ACT? YES [ J NO [ ] b. IF YES, HAS THE DOCUMENT BEEN REVIEWED THROUGH THE NORTH CAROLINA DEPARTMENT OF ADMINISTRATION STATE CLEARINGHOUSE? YES [I NO [] A/ IF ANSWER TO 17b IS YES, THEN SUBMIT APPROPRIATE DOCUMENTATION FROM THE STATE CLEARINGHOUSE TO DIVISION OF ENVIRONMENTAL MANAGEMENT REGARDING COMPLIANCE WITH THE NORTH CAROLINA ENVIRONMENTAL POLICY ACT. QUESTIONS REGARDING THE STATE CLEARINGHOUSE REVIEW PROCESS SHOULD BE DIRECTED TO MS. CHRYS BAGGETT, DIRECTOR STATE CLEARINGHOUSE, NORTH CAROLINA DEPARTMENT OF ADMINISTRATION, 116 WEST JONES STREET, RALEIGH, •TORTH CAROLINA 27603-8003, TELEPHONE (919) 733-6369. 4 v 018. THE FOLLOWING ITEMS SHOULD BE INCLUDED WITH THIS APPLICATION IF PROPOSED ACTIVITY INVOLVES THE DISCHARGE OF EXCAVATED OR FILL MATERIAL INTO WETLANDS:, a. WETLAND DELINEATION MAP SHOWING ALL WETLANDS, STREAMS, LAKES AND PONDS ON THE PROPERTY (FOR NATIONWIDE PERMIT NUMBERS 14, 18, 21, 26, 29, AND 38). ALL STREAMS (INTERMITTENT AND PERMANENT) ON THE PROPERTY MUST BE SHOWN ON THE MAP. MAP SCALES SHOULD BE 1 INCH EQUALS 50 FEET OR 1 INCH EQUALS 100 FEET OR THEIR EQUIVALENT. 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. ATTACH A COPY OF THE STORMWATER MANAGEMENT PLAN IF REQUIRED. e. WHAT IS LAND USE OF SURROUNDING PROPERTY? ide zjLa/, f. IF APPLICABLE, WHAT IS PROPOSED METHOD OF SEWAGE DISPOSAL? • g. SIGNED AND DATED AGENT AUTHORIZATION LETTER, IF APPLICABLE. NOTE: WETLANDS OR WATERS OF THE U.S. MAY NOT BE IMPACTED PRIOR TO: 1) ISSUANCE OF A SECTION 404 CORPS OF ENGINEERS PERMIT, 2) EITHER THE ISSUANCE OR WAIVER OF A 401 DIVISION OF ENVIRONMENTAL MANAGEMENT (WATER QUALITY) CERTIFICATION, AND 3) (IN THE TWENTY COASTAL COON=S ONLY), A LETTER FROM THE NORTH CAROLINA DIVISION OF COASTAL MANAGEMENT STATING THE PROPOSED ACTIVITY IS CONSISTENT WITH THE NORTH CAROLINA COASTAL MANAGEMENT 7 7,0/-0// AM. R'S ENT'S SIGNATURE D TE 0E (AGENT'S SIGNATURE VALID ONLY IF AUTHORIZATION LETTER FROM • THE OWNER IS PROVIDED (18g.)) F -\•` DEPARTMENT OF THE ARMY WILMINGTON DISTRICT, CORPS OF ENGINEERS ' P.O. BOX 1890 WILMINGTON, NORTH CA,-OLINA 2.0402-189u REPLY TO ATTENTION OF September 30, 1996 Regulatory Branch Action ID No. 199603935 and Nationwide Permit No. 18 Mr. James Judkins and Mrs. Dorothy Ingram Post Office Bolt 1664 Smithfield, North Carolina 27577 Dear Mr. Judkins and Mrs. Ingram: Reference your application of July 24, 1996, for Department of the Army (DA) authorization to place fill material in less than one tenth of an acre of wetlands adjacent to a headwater tributary of the Cape Fear River, on lots 23 and 24 in the Riverside Estates subdivision, east of Fayetteville, Cumberland County, North Carolina. The purpose of the work is to relocate the ditch, thereby allowing for the construction of a single family residence on each lot. For the purposes of the Corps of Engineers' Regulatory Program, Title 33, Code of Federal Regulations (CFR), Part 330.6, published in the Federal Register on November 22, 1991, lists nationwide permits. Authorization, pursuant to Section 10 of the Rivers and Harbors Act and Section 404 of the Clean Water Act, was provided by Nationwide Permit No. 18 for discharges of dredged or fill material into all waters of the United States provided: a. The discharge does not exceed 25 cubic yards in open water areas; b. The discharge will not cause the loss of more than 1/10 acre of a special aquatic site, including wetlands. For the purposes of this nationwide permit, the acreage limitation includes the filled area plus special aquatic sites that are adversely affected by flooding and special aquatic sites that are drained so that they would no :Longer be a water of the United States as a result of the project; Your work is authorized by this nationwide permit provided it is accomplished in strict accordance with the enclosed conditions and any required State authorization. A Section 401 water quality certification is required from the North Carolina Division of Water Quality. By letter dated September 12, 1996, this certification has been issued. This nationwide permit does not relieve you of the responsibility to obtain other required State or local approval. This verification will be valid until the nationwide permit is modified, reissued or revoked, which will occur prior to January 21, 1997. It is incumbent upon you to remain informed of changes to the nationwide permits, which will be announced by public notice when they occur. If you commence, or are under contract to commence, this activity before the date the nationwide permit is modified or revoked, you will have twelve months from the date of the modification or revocation, to complete the activity under the present terms and conditions of this nationwide permit. Should you have any questions or comments, please contact the undersigned at telephone (910) 251-4636. Sincerely, Jeffrey H. Richter Project Manager Wilmington Regulatory Field Office Enclosure Copies Furnished (without enclosure): Mr. Steve Benton 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 27607 2 NATIONWIDE CONDITIONS a. The discharge, including all attendant features, both temporary and permanent, is part of a single and complete project and is not placed for the purpose of stream diversion. b. Acreage limitation includes the filled area plus special aquatic sites that are adversely affected by flooding and special aquatic sites that are drained so that they would no 1ongPr be a water of the U.S. as a result -of the project. C. For discharges exceeding 10 cubic yards or the discharge is in a special aquatic site, including wetlands, a 30-day notification to the District Engineer (DE) is required. For discharges in special aquatic sites, including wetlands, the notification must include a delineation of affected special aquatic sites, including wetlands. STATE CONSISTENCY CONDITIONS a. If the proposed activity is within the North Carolina Coastal Area, the applicant must receive written concurrence from the North Carolina Division of Coastal Management (NCDCM) that the activity is consistent with the North Carolina Coastal Management Program. b. Should all or part of a proposed activity be located within an Area of Environmental Concern (AEC) as designated by the North Carolina Coastal Resources Commission, a Coastal Area Management Act (CAMA) permit is required from the North Carolina Division of Coastal Management (NCDCM). Should an activity within or potentially affecting an AEC be proposed by a Federal agency, a consistency determination pursuant to 15 CFR 930 must be provided to the NCDCM at least 90 days before the onset of the proposed activity. GENERAL CERTIFICATION CONDITIONS a. Written concurrence is required from the North Carolina Division of Environmental Management (NCDEM) for proposed discharges of greater than 10 cubic yards of fill material or in any amount if located in special aquatic sites, including wetlands, or if located in primary nursery areas (PNA) and outstanding resource waters (ORW). b. If written concurrence is not issued by the North Carolina Division of Environmental Management (NCDEM) within 45 days from receipt of a complete application by NCDEM's Section 401 Certification Office in Raleigh, then Section 401 Certification is waived for this Nationwide Permit unless additional information is requested in writing by the Director or his designee. C. Established sediment and erosion control practices shall be utilized to prevent violations of the appropriate turbidity water quality standard (50 NTU's in streams and rivers not designated as trout waters by the North Carolina Division of Environmental Management (NCDEM); 25 NTU's in all saltwater classes and all lakes and reservoirs and 10 NTU's in trout waters). d. Measures shall be taken to prevent live or fresh concrete from coming into contact with waters of the State until the concrete has hardened. e. Additional site-specific conditions may be added to this Certification in order to ensure compliance with all applicable water quality and effluent standards. f. Concurrence from the North Carolina Division of Environmental Management that this Certification applies to an individual project shall expire three years from the date of the cover letter from the North Carolina Division of Environmental Management. NW18wn GENERAL CONDITIONS 1. Navigation. No activity may cause more than a minimal adverse effect on navigation. 2. Proper Maintenance. Any structure or fill authorized shall be properly. maintained, including maintenance to ensure public safety. 3. Erosion and Siltation Controls. Appropriate erosion and siltation controls must be used and maintained in effective operating condition during construction, and all exposed soil and other fills must be permanently stabilized at the earliest practicable date. 4. Aquatic Life Movements. No activity may substantially disrupt the movement of those species of aquatic life indigenous to the waterbody, including those species which normally migrate through the area, unless the activity's primary purpose is to impound water. 5. Equipment. Heavy equipment working in wetlands must be placed on mats or other measures must be taken to minimize soil disturbance. 6. Regional and Case-by-case Conditions. The activity must comply with any regional conditions which may have been added by the Division Engineer and any case specific conditions added by the Corps. 7. Wild and Scenic Rivers. No activity may occur in a component of the National Wild and Scenic River System; or in a river officially designated by Congress as a "study river" for possible inclusion in the system, while the river is in an official study status. Information on Wild and Scenic Rivers may be obtained from the National Park Service and the U.S. Forest Service. B. Tribal Rights. Ila activity or its operation may impair reserved tribal rights, including, but not limited to, reserved water rights and treaty f.i_shing and hunting rights. 9. Water Quality Certification. In certain states, an individual state water quality certification must be obtained or waived. 10. Coastal Zone Management. In certain states, an individual state coastal zone management consistency concurrence must be obtained or waived. 11. Endangered Species. No activity is authorized under any NWP which is likely to jeopardize the continued existence of a threatened or endangered species or a species proposed for such designation, as identified under the Federal Endangered Species Act, or which is likely to destroy or adversely modify the critical habitat of such species. Non-Federal permittees shall notify the District Engineer if any listed species or critical habitat might be affected or is in the vicinity of the project and shall not begin work on the activity until notified by the District Engineer that the requirements of the Endangered Species Act have been satisfied and that the activity is authorized. Information on the location of threatened and endangered species can be obtained from the U.S. Fish and Wildlife Service and National Marine Fisheries Service. 12. Historic Properties. No activity which may affect Historic Properties listed, or eligible for listing, in the National Register of Historic Places is authorized, until the District Engineer has complied with the provisions of 33 CFR 325, Appendix C. The prospective permittee must notify the District Engineer if the authorized activity may affect any historic properties listed, determined to be eligible, or which the prospective permittee has reason to believe may be eligible for listing on the National Register of Historic -2- Places, and shall not begin the activity until notified by the District Engineer that the requirements of the National Historic Preservation Act have been satisfied and that the activity is authorized. Information on the location and existence of historic resources can be obtained from the State Historic Preservation office and the National Register of Historic Places (see 33 CFR 330.4(9)). 13. Notification. a. where required by the terms of the NWP, the prospective permittee must notify the District Engineer as early as possible and shall not begin the activity: (1) until notified by the District Engineer that the activity may proceed under the NWP with any special conditions imposed by the District or Division Engineer; or (2) if notified by the District or Division Engineer that an individual permit is required; or (3) Unless 30 days have passed from the District Engineer's receipt of the notification and the prospective permittee has not received notice from the District or Division Engineer. Subsequently, the permittee's right to proceed under the NWP may be modified, suspended or revoked only in accordance with the procedure set forth in 33 CFR 330.5(d)(2). b. The notification must be in writing and include the following information and any required fees: (1) Name, address and telephone number of the prospective permittee; (2) Location of the proposed project; (3) Brief description of the proposed project; the project's purpose; direct and indirect adverse environmental effects the project would cause; any other NWP(s), regional general permit(s) or individual permit(s) used or intended to be used to authorize any part of the proposed project or related activity; (4) Where required by the terms of the NWP, a delineation of affected special aquatic sites, including wetlands; and (5) A statement that the prospective permittee has contacted; (a) The USFWS/NMFS regarding the presence of 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; and any available information provided by those agencies. (The prospective permittee may contact Corps District Offices for USFWS/NMFS agency contacts and list of critical habitat.) (b) The SHPO regarding the presence of any historic properties in the permit area that may be affected by the proposed project; and the available information, if any provided by that agency. 14. Water Supply Intakes. No discharge of dredged or fill material may occur in the proximity of a public water supply intake except where the discharge is repair of the public water supply intake structures or adjacent bank stabilization. -3- 15. Shellfish Production. No discharge of dredged or fill material may occur in areas of concentrated shellfish production, unless the discharge is directly related to a shellfish harvest activity authorized by nationwide permit. 16. Suitable Material. No discharge of dredged or fill material may consist of unsuitable material (e.g., trash, debris, car bodies, etc.) and material discharged must be free from toxic pollutants in toxic amounts. 17. Mitigation. Dischar"PS of dredged or fill material into waters of the United States must be minimized or avoided to the maximum extent practicable at the project site (i.e., on-site), unless the District Engineer has approved a compensation mitigation plan for the specific regulated activity. 18. Spawning Areas. Discharges in spawning areas during spawning seasons must be avoided to the maximum extent practicable. 19. Obstructions of High Flown. To the maximum extent practicable, discharges must not permanently restrict- or impede the passage of normal or expected high flows or cause the relocation of the water (unless the primary purpose of the fill is to impound waters). 20. Adverse Impacts from Impoundments. If the discharge creates an impoundment of water, adverse impacts on the aquatic system caused by the accelerated passage of water and/nr the restriction of its flow shall be minimized to the maximum extent practicable. 21. Waterfowl Breeding Areas. Discharges into breeding areas for migratory waterfowl must be avoided to the maximum extent practicable. 22. Removal of Temporary Fills. Any temporary fills must be removed in their entirety and the affected areas returned to their preexisting elevation. CL7-GCWN State of North Carolina Department of Environment, Health and Natural Resources F19MA • ? 17 • Division of Water Quality Al &4 James B. Hunt, Jr., Governor Jonathan B. Howes, Secretary p E H N F1 A. Preston Howard, Jr., P.E., Director September 12, 1996 Cumberland County DWQ Project # 960790 APPROVAL of 401 Water Quality Certification and ADDITIONAL CONDITIONS Ms. Dorothy Ingram and Mr. James Judkins P.O. Box 1664 Smithfield, N.C. 27577 Dear Ms. Ingram and Mr. Judkins: You have our approval to place fill material in 0.03 acres of wetlands or waters for the purpose of relocating a ditch and constructing two homes at Lots 23 and 24, Riverside Estates, Fayetteville, as you described in your application dated 16 August 1996. After reviewing your application, we have decided that this fill is covered by General Water Quality Certification Number 2665 or 2671. Either of these certifications allows you to use Nationwide Permit Numbers 13 or 26 when either is issued by the Corps of Engineers. This approval is only valid for the purpose and design that you described in your application except as • modified below. 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 certifications and any additional conditions listed below. Stormwater shall be directed to sheetflow into the remaining wetlands (0.36 acres) on these lots in order to provide water quality protection. The stormwater shall not be directed to flow through or around the wetland via ditching or other means. Deed restrictions shall be added to the remining wetlands on these lots to prevent future fill. In addition, you should get any other federal, state or local permits before you go ahead with your project including (but not limited to) Sediment and Erosion Control, Non-Discharge and Water Supply Watershed regulations. 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. 276 1 1-7447. This certification and its conditions are final and binding unless you ask for a hearing. This letter completes the review of the Division of Water Quality under Section 401 of the Clean Water Act. If you have any questions, please telephone John Dorney at 919-733-1786. Sincerely, l Pr ston Howard, Jr. P.E. Attachment cc: Wilmington District Corps of Engineers Corps of Engineers Wilmington Field Office Fayetteville DWQ Regional Office Mr. John Dorney • Central Files Division of Water Quality • Environmental Sciences Branch Environmental Sciences Branch, 4401 Reedy Creek Rd., Raleigh, NC 27607 Telephone 919-733-1786 FAX # 733-9959 An Equal Opportunity Aff irmative Action Employer • 50% recycled/10% post consumer paper PS?gNT OF TyF United States Department of the Interior 4P 'Z O M FISH AND WILDLIFE SERVICE Raleigh Field Office (-? 0 Y ' 4 Post Office Box 33726 ?4RCH a Raleigh, North Carolina 27636.3726 TO- ?k S ,.- Qo"?)ox •Jl??v?o? A_1,-AJkvG a? ? T Thank you for your letter requesting information or recommendations from the U.S. Fish and Wildlife Service. This form provides the Service's response pursuant to Section 7 of the Endangered Species Act, as amended (16 U.S.C. 1531-1543), and the Fish and Wildlife Coordination Act, as amended (16 U.S.C. 661-667d). Re. Project Name/Location,/Coubty r, 811g196 _ /? 5 S(7 Date of Incoming Letter Log Number The attached page(s) list(s) the Federally-listed species which may occur within the project area. Based on the information provided, it appears that your project site does not contain suitable habitat for any Federally-listed endangered or threatened species known to occur in the area.We believe that the requirements of Section 7 of the Act have been satisfied. We remind you that obligations under Section 7 consultation must be reconsidered if: (1) new information reveals impacts of this identified action that may affect listed species or critical habitat in a manner not previously considered; (2) this action is subsequently modified in a manner that was not considered in this review; (3) a new species is listed or critical habitat determined that may be affected by the identified action. If the proposed project will be removing pines greater than or equal to 30 years of age in pine or pine/hardwood habitat, surveys should be conducted for active red-cockaded woodpecker cavity trees in :appropriate habitat within a 1/2 mile radius of project boundaries. If red-cockaded woodpeckers are observed within the project area or active cavity trees found, the project has the potential to affect the red-cockaded woodpecker, and you should contact this office for further information. Bio gist Date Endangered Species Coordinator Date ?? ; _'_D FEDERALLY-LISTED, CANDIDATE SPECIES AND FEDERAL SPECIES OF CONCERN (revised April 1, 1996) CUMBERLAND COUNTY Common Name Scientific Name Status Vertebrates Bachman's sparrow Aimophila aestivalis FSC American alligator Alligator mississippiensis T(S/A) Southern hognose snake Heterodon simus FSC Red-cockaded woodpecker Picoides borealis Endangered Northern pine snake Pituophis melanoleucus melanoleucus FSC Invertebrates Atlantic pigtoe Fusconaia masoni FSC Yellow lampmussel Lampsilis cariosa FSC Saint Francis' satyr Neonympha mitchellii francisci Endangered Vascular Plants Georgia indigo-bush Amorpha georgiana var. georgiana FSC Sandhills milkvetch Astragalus michauxii FSC Venus flytrap Dionea muscipula FSC Resinous boneset Eupatorium resinosurn FSC Small-whorled pogonia Isotria medeoloides Threatened* White wicky Kalmia cuneata FSC Sandhills bog lily Lilium iridollae FSC Pondberry (=Southern spicebush) Lindera melissifolia Endangered Bog spicebush Lindera subcoriacea FSC Pondspice Litsea aestivalis FSC Boykin's lobelia Lobelia boykinii FSC Rough-leaved loosestrife Lysimachia asperulaefolia Endangered Loose watermilfoil Myriophyllum laxum FSC Savanna cowbane Oxypolis ternata FSC Carolina grass-of-pamassus Parnassia caroliniana FSC Wavyleaf wild quinine Parthenium radfordii FSC Conferva pondweed Potamogeton confervoides FSC Spiked medusa Pteroglossaspis ecristata FSC Sandhills pyxie-moss Pyxidanthera barbulata var. brevistyla FSC Awned meadowbeauty Rhexia aristosa FSC American chaffseed Schwalbea antericana Endangered Carolina goldenrod Solidago pulchra FSC Spring-flowering goldenrod Solidago verna FSC Pickering's dawnflower Stylisma pickeringii var. pickeringii FSC Carolina asphodel Tofieldia glabra FSC Roughleaf yellow-eyed grass Xyris scabrifolia FSC Awl . „ t Status Definition Endangered A taxon "in danger of extinction throughout all or a significant portion of its range." Threatened A taxon "likely to become endangered within the foreseeable future throughout all or a significant portion of its range." Proposed A taxon proposed for official listing as endangered or threatened. Candidate A taxon under consideration for official listing for which there is sufficient information to to support listing. FSC A Federal species of concern, species which may or may not be listed in the future (formerly C2 candidate species, or species under consideration for listing for which there is insufficient information to support listing.). T(S/A) Threatened due to similarity of appearance (e.g., American alligator) - species which are threatened due to similarity of appearance with other rare species and are listed to protect these species. These species are not biologically endangered or threatened and are not subject to Section7 consultation. EXP A taxon that is listed as experimental (either essential or non-essential). Experimental, non- essential endangered species (e.g., red wolf) are treated as threatened on public lands for consultation purposes, and as species proposed for listing on private lands. Species with 1,2,3, or 4 asterisks behind them indicate historic, obscure, or incidental records. * Historic record, the species was last observed in the county over 20 years ago. ** Obscure record, the date and/or location of the species observation is uncertain. *** Incidental/migrant record, the species was observed outside of its normal range or habitat. **** Historic, obsure and incidental record. r ? N 9?0'JJtPO'£ JD.Jt' land.; a/? We Van ds ??rc?Prsll Plat booms ??-, c? f n i is r r, e+t. o s 7•? ? i? t - t F 4 . } 1 t )?P e ` ?t y. ?? , 1 7 4 v is ? J , l Al i - V7 - J , r t ? i , ? ? N Q .. c N r w Ile, a: ISM Is ? ffi FF m C 0 m Ibl ? ? r m0 ??r- c6 iC33 r ?H ? x ?4 0 2 E a o m m CO CO) ?m L0 ui <d a a_eois aeJeneJ sui uo noisidwoo _ _ inoA si s d ? L c c r a CL C7 N 'D !it t> -t? r7l . a (D ad m ? = z .. Wb m ? y ?i O < ?.p.. p Cr • . v vc-? Cl) f° n Z mw m ?. O y a State of North Carolina Department of Environment, Health and Natural Resources Division of Water Quality James B. Hunt, Jr., Governor Jonathan B. Howes, Secretary A. Preston Howard, Jr., P.E., Director APPROVAL of 401 Water Quality Certification and Ms. Dorothy Ingram P.O. Box 1005 Fayetteville, NC 28302 Dear Ms. Ingram: AT.KMAI?EHNR March 12, 1997 Cumberland County DWQ Project # 960790 ADDITIONAL CONDITIONS You have our approval, in accordance with the attached conditions and those listed below, to place fill material in 0.1 acres of wetlands or waters for the purpose of constructing a home and tennis court at Lot 23, Riverside Estates in Cumberland County, as you described in your application. After reviewing your application, we have decided that this fill is covered by General Water Quality Certification Number 3106. This certification allows you to use Nationwide Permit Number 18 when it is issued by the Corps of Engineers. This Certification replaces one issued to you on 12 September 1996. This approval is only valid for the purpose and design that you described in your application except as modified below. If you change your project, you must notify us and you may be required to send us a new application. If total wetland fills for this project (now or in the future) exceed one acre, compensatory mitigation may be required as described in 15A NCAC 2H.0506 (h) (6) and (7). For this approval to be valid, you must follow the conditions listed in the attached certification and any additional conditions listed below. The newly constructed ditch shall be filled thereby completing action on the previous violation of the earlier 401 Certification on the project. The new fill shall be no more than 175 feet back from the rear of the home. Stormwater shall be directed to sheetflow into the remaining wetlands on this lot to provide water quality protection. A rock check dam or earthen plug shall be installed in the ditch at the rear of the lot to increase water retention and pollutant removal. A deed restriction shall be added to the remaining wetlands on this lot to prevent future fill. In addition, you should get any other federal, state or local permits before you go ahead with your project including (but not limited to) Sediment and Erosion Control, Coastal Stormwater, Non-Discharge and Water Supply Watershed regulations. This approval will expire when the accompanying 404 or CAMA permit expires unless otherwise specified in the General Certification. 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 Water Quality under Section 401 of the Clean Water Act. If you have any questions, please telephone John Dorney at 919-733-1786. Si elyMHowar es r: P. . Attachment cc: Wilmington District Corps of Engineers Corps of Engineers Fayetteville Field Office Fayetteville DWQ Regional Office Mr. John Dorney Central Files 960790.Itr Division of Water Quality • Environmental Sciences Branch Environmental Sciences Branch, 4401 Reedy Creek Rd., Raleigh, NC 27607 Telephone 919-733-1786 FAX # 733-9959 An Equal Opportunity Affirmative Action Employer • 50% recycled/10% post consumer paper State of North Carolina Department of Environment, Health and Natural Resources &I.M?FA Division of Water Quality James B. Hunt, Jr., Governor Jonathan B. Howes, Secretary E3 E H N F-1 A. Preston Howard, Jr., P.E., Director September 12, 1996 Cumberland County DWQ Project # 960790 APPROVAL of 401 Water Quality Certification and ADDITIONAL CONDITIONS Ms. Dorothy Ingram and Mr. James Judkins P.O. Box 1664 Smithfield, N.C. 27577 Dear Ms. Ingram and Mr. Judkins: You have our approval to place fill material in 0.03 acres of wetlands or waters for the purpose of relocating a ditch and constructing two homes at Lots 23 and 24, Riverside Estates, Fayetteville, as you described in your application dated 16 August 1996. After reviewing your application, we have decided that this fill is covered by General Water Quality Certification Number 2665 or 2671. Either of these certifications allows you to use Nationwide Permit Numbers 13 or 26 when either is issued by the Corps of Engineers. This approval is only valid for the purpose and design that you described in your application except as modified below. 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 certifications and any additional conditions listed below. Stormwater shall be directed to sheetflow into the remaining wetlands (0.36 acres) on these lots in order to provide water quality protection. The stormwater shall not be directed to flow through or around the wetland via ditching or other means. Deed restrictions shall be added to the remining wetlands on these lots to prevent future fill. In addition, you should get any other federal, state or local permits before you go ahead with your project including (but not limited to) Sediment and Erosion Control, Non-Discharge and Water Supply Watershed regulations. 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. 276 1 1-7447. This certification and its conditions are final and binding unless you ask for a hearing. This letter completes the review of the Division of Water Quality under Section 401 of the Clean Water Act. If you have any questions, please telephone John Dorney at 919-733-1786. Sincerely, q qPPrron Howard, Jr. P.E. Attachment cc: Wilmington District Corps of Engineers Corps of Engineers Wilmington Field Office Fayetteville DWQ Regional Office Mr. John Dorney Central Files Division of Water Quality • Environmental Sciences Branch Environmental Sciences Branch, 4401 Reedy Creek Rd., Raleigh, NC 27607 Telephone 919-733-1786 FAX # 733-9959 An Equal Opportunity Affirmative Action Employer • 50% recycled/10% post consumer paper State of North Carolina Department of Environment, Health and Natural Resources James B. Hunt, Jr., Governor Jonathan B. Howes, Secretary Steven J. Levitas, Deputy Secretary DATE: - `2L ?EHNF? Division of Water Quality Environmental Sciences Branch 4401 Reedy Creek Road - Raleigh, N.C. 27607 FAX(919) 733-9959 Q= FROM: P PHONE: NO. OF PAGES INCLUDING THIS SHEET: (J ?a cl?l s faP? Unl' I°N'J Crf D ?4 10't DIVISION OF WATER QUALITY WATER QUALITY SECTION 401 COMPLIANCE MONITORING FORM DWQ Investigator: - Key DWQ # Date G f Time: 3O Regional Office: County: Project Name: to t5 3 ?t 7Y Jl i vv ykr??sl«r' Permittee: 75a W1,0,5 id P Location of Project: Type of Development Authorized: S;?I ev, l iU( ?i Vii. 4o?t GI f??i Type of Permit / Water Quality Certification: ?w ??' / s ?GSS Gi Type of Impact: -f-11 ?, U 5 6!c C f we Catvd y-e (o (,c? L? l Ci ?? (1 ?o ?l 1 ? Y ? f' { 1 (?? 1 f Wetland Type and DWQ Rating: L?' / ?\ f Nearest Stream: t1 I G'f( (cip, F=-rat, Basin/Sub.: Distance of Wetland Impact from Nearest Surface Water Specific 401 Conditions: S `?Ov°?r? t,? N fr ?` c??y' ?o (tJ 1wG { ?G7 ?1??5 A lo d J( , Z 560 lier Is project in compliance with all conditions: Y / 6) Comments / Description: A w5e zi 4tv,c, bikI el- Co `1 y?rc 6i 101 U,a fTrr X41,1(41- hor4yey 0((F,. 11014 iog l C'Q fG4e+G k /1'10' Cif (,L?vIlUUr 11 bad, 1 G" C i I l fa Lic)c, Si' lC e4 y,? Wc7y' ? d-61 (ul ? ?C?L i. ,; Crc l ? C C.cr ?' ??, 1 C; ?i , l.? ?.; i I "lf Y }G i/i l(i TC 4 ti L(Y /,)y rye.t('' kCr [cf , ?,/ 5 yY Is there a violation of the 401 Certification authorization If so complete the enforcement section on the back of this form and forward copy to the Central / Regional Office. Signature:' Date: DWQ 12/96 ENFORCEMENT 1. Is there a previous history of 404 / 40 activity on the property? If so, give any details: vl i'wc?'?-'t; A Z"ft"tf IQ)b'i-??,frrI,l Eay ?a??r?y gki Nature of Violation (fill, excavation, etc.): Ll i fG d) oz V Acres: Gtr-?6 Wetland Rating (if possible): 7 t Significant uses impacted: b ?;fev Cx L/?? ?+ ? i G l i ?rWere downstream uses impacted? L ? yeI Could the impacts have been avoided or significantly minimized? r"s Could the activity have been authorized? Al o y5 Is restoration or mitigation appropriate for the unavoidable impacts? ,, Staff Recommendations //for Future /Action: ?? ? l Gt G?r r. ?/ G{1/1? (,eav'e ILL-e# G[l?Gt?i ?1 ? 11; Z ?X l S T /`l-(<> C?(c( i 7oG/ ?,/5 /_ FcE/V, F, 0 E?w/ 1 91996 RONk-NTq? SC/FNCES P. O. Box 1664 Smithfield, N. C. August 16, 1996 To Whom It May Concern: Please review the enclosed application as soon as possible. As stated in #14 of the application, The Judkins and Ingram family are at a disadvantage. Aside from that, the builder, Mr. Kent Pierce's building schedule has been disrupted because of the unforeseen problems that we were not privy to. Thanks for your immediate consideration. The Ingram & Judkins Famil l? Project Name S County Name of evaluator Wetland Location - on pond or lake on perennial stream on intermittent stream within interstream divide other ? _ U Soil series Area - predominantly organic - humus, muck, or peat - predominantly mineral - non-sandy predominantly sandy Hydraulic factors steep topography X ditched or channelized total wetland width z 100 feet _ Nearest Road acres Wetland Width Date r? Adjacent land use (within 1/2 mile upstream, upslope, or radius) L-' forested/natural vegetation Lo- % c/ agriculture, urban/suburban % - impervious surface % Dominant vegetation (1) I V (2) l (3) Flooding and wetness semipermanently to permanently flooded or inundated - seasonally flooded or inundated intermittanly flooded or temporary surface water no evidence of flooding or surface water Wetland type (select one)* Bottomland hardwood forest - Pine savanna Headwater forest Freshwater marsh Swamp forest Bog/fen Wet flat Ephemeral wetland Pocosin - Carolina Bay Bog forest Other *the rating system cannot be applied to salt or brackish marshes or stream channels weight R Water storage x 4.00 = 00 = A Bank/Shoreline stabilization x 4. 00 = * ?-- T Pollutant removal x 5. I Wildlife habitat x 2.00 = N Aquatic life value ? 2 ._x 4.00 = G Recreation/Education , x 1.00 = Wetland Rating *Add 1 point if in sensitive watershed and >10% nonpoint disturbance within 1/2 mile upstream, ---- upslope, or radius------------------------------------------------------------------------------------------- State of North Carolina Department of Environment, Health and Natural Resources / LT.WMAI • Division of Water Quality AVON% Ja mes a Hunt, r p E H N 1=1 Jonathan B. Howes, Secretary A. Preston Howard, Jr., P.E., Director January 28, 1997 CERTIFIED MAIL RETURN RECEIPT REQUESTED Ms. Dorothy Ingram and Mr. James Judkins P. O. Box 1664 Smithfield, NC 27577 SUBJECT: Violation of Section 401 Water Quality Certification Lots 23 and 24 Riverside Estates DWQ Project # 960790 Cumberland County Dear Ms. Ingram and Mr. Judkins: Information gathered by the Division of Water Quality 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 September 12, 1996 a 401 Water Quality Certification was issued to you authorizing 0.03 acres of wetland impacts associated with the development of Lots 23 and 24 in Riverside Estates off SR 1714 near Fayetteville, NC. The 401 Certification authorized 0.03 acres wetland fill at the front of the residential lots and the relocation of the old drainage ditch crossing the lots to run along the joint property line. Stormwater was to be directed to sheetflow into the remaining wetlands at the back of the lots. Ditching through or around the remaining wetlands was specifically prohibited by the 401 Certification. Deed restrictions were then to be placed on the lots to protect the remaining wetlands. On January 16, 1997, Ken Averitte from the DWQ Fayetteville Regional Office and Pete Colwell from this office made a site visit to Riverside Estates to conduct a compliance monitoring inspection of the project. They found the houses under construction and a new drainage ditch cut along the property line through the wetlands that were to be preserved to an existing ditch at the very back of the lots. Because of the lower elevation (even with fill) at the front of the lots, it does not appear that the new ditch will serve to drain the area around the houses, but it is serving to drain the wetlands at the back of the lot. 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. You are requested to fill in that portion of the new ditch within the wetland area and restore the area impacted. It is recommended that you review the drainage problems on your lots and submit any proposed change in you r plans to this office. By copy of this letter we are requesting that the US Army Corps of Engineers also review the project and suspend any pending Section 404 actions on the properties. Environmental Sciences Branch • 4401 Reedy Creek Road Raleigh, North Carolina 27607 Telephone 919-733-9960 FAX # 733-9959 An Equal Opportunity Affirmative Action Employer 50% recycled/10% past consumer paper Your cooperation in resolving this violation as quickly as possible is appreciated. Should you have questions about this action please contact Ken Averitte at the DWQ Fayetteville Regional Office (910) 486-1541 or Pete Colwell at (919) 733-1786. jin rel R. Domey Quality Certi lion 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 C, Ii DEM ID: CORPS ACTION ID: NATIONWIDE PEPML'r REQIIF.STED (PROVIDE NATIONWIDE PERMIT 4): PRE-CONSTRUCTION NOTIFICATION AP-PLICAMON i ? ? U ? iJ fl!r ?,? ? i FOR NATIONWIDE PERMITS THAT REQUIRE: A(JG 19 ? ' 1996 1) NOTIFICATION TO TRZ CQ?DS OF ENGINEERS 2) APPLICATION FOR SZCTION 401 CERTIFICATION f,l 3) COORDINATION WITH THZ NC DIVISION OF COASTAL MANAGEMENT u,IFy? SEND THE ORIGINAL AND (1) COPY OF THIS COMPLETED FORM TO THE APPROPRIATE ,Yhl FIELD OFFICE OF THE CORPS OF ENGINEERS (SEE AGENCY ADDRESSES SHEET). SEVEN (7) COPIES SHOULD BE SENT TO THE N.C. DIVISION OF ENVIRONMENTAL MANAGEMENT (SEE. AGENCY ADDRESSF., SHEET) PLEASE PRINT. 1. OWNERS NAME: 2. MAILING ADI)RFSS .? ~ Y1 I) fir'. ?I l l CITY. /ll l All PROJECT LOCA'rL')N AC)PPESS, ItJ MAILING ADDRESS ABOVE.): -1? 3. TELEPHONE NUMBER (HOME): SUBDIVISION NAME: - STATE: ?L- ZIP CODE: UDING SUBDIVISION NAME F DIFFER ?I'T'?0 1 ??Jwl (WORK) FROM 4. IF APPLICABLE: A(;FNT'S NAME OR RESPONSIBLE CORPORATE OFFICIAL, ADDRESS, PHONE NUMBER: - ?l 5. LOCATION OF WORK (PROVIDE A MAP, PREFERABLY A COPY OF USGS TOPOGRAPHIC MAP OR AERIAL PHOTOGPAPHY ITH SCALE) NEAREST TOWN OR CITY: COUNTY: i__L1/)C 1 q/ SPECIFIC LOCATION (INCLUDE ROAD t ' NUMBERS, LANDMARK.. E'T('.) c? S" (lU V V 14 LJAl,S i-I 1 l6 de-y 1 Ud_L ` r 7 r -J Ix hl G' 1. fJ e,? y /? tJ C'. !) C? Ad L -e 6. IMPACTED OR NEAREST ATRSAffYRIVER: RIVER BASIN: 7a. IS PROJECT T,(`(7J1TED NEAR WATER CLASSIFIED AS TROUT, TIDAL SALTWATER (SA), HIGH QUALITY WATF•R.^, (HQW), OUTSTANDING RESOURCE WATERS (ORW), WATER SUPPLY (WS-I OR '.- II) 'tES [ ] NO [V7 IF YES, EXPLAIN: 7b. IS THE PROJFr"C L0('11'PED WITHIN A NORTH CAROLINA DIVISION OF COASTAL MANAGEMENT AREA OF ENVIRONMENTAL CONCERN (AEC) ? YES ( ] NO (W 7c. IF THE PROJECT IS LOCATED WITHIN A COASTAL COUNTY (SEE PAGE 7 FOR LIST OF COASTAL ('f)UNTT:F`:) WHAT IS THE LAND USE PLAN (LUP) DESIGNATION? 9a. HAVE ANY SE( "T.' ION 1') 4 PERMITS BEEN PREVIOUSLY REQUESTED FOR USE ON THIS PROPERTY? YES I I NO [ IF YES, PROVIDE ACTION I.D. NUMBER OF PREVIOUS PERMIT ^411) nnnTTInNAL INFORMATION (INCLUDE PHOTOCOPY OF 401 CERTIFICATION) : _. 8b. ARE ADDITIONAL PEPMCT REQUESTS EXPECTED FOR THIS PROPERTY IN THE FUTURE? YES [Il NO ( I IF YES, DESCRIBE ANTICIPATED WORK: s -10 9a. ESTIMATED TOTAL NUMBER OF ACRES IN TRACT OF LAND: ) 9b. ESTIMATED TOTAL IlMiBER OF ACRES OF WETLANDS LOCATED ON PROJECT SITE: d 2 10a. NUMBER/OF' ACRES OF WETLANDS IMPACTED BY THE PROPOSED PROJECT BY: FILLING: ? ____ _ EXCAVATION: FLOODING: DRAINAGE: _ 10b. (1) RELOCATED, LENGTH BEFORE: .3 ?T AF FT WIDTH BEFORE (}.used -11 normal high water contours): - WIDTH AFTER: 1 FT 12DLf? n AVERAGE DEPTH IAEFOPF G FT AFTER: baloj (2)gF'Aiy##INNEL IMPACTS WILL RESULT FROM: (CHECK ALL THAT APPLY) Vr5 PLACEMENT OF PIPE IN CHANNEL: rt•?t ?/ OPEN CHANNEL P F',r,OCA'r I rt : CHANNEL EXCAVAT1*0N: % CONSTRUCTION OF A DAM/FLOODING: OTHER: 11. IF CONSTRrCTION (W A POND IS PROPOSED, WHAT IS THE SIZE OF THE 061 WATERSHED DRAIN LNG T" THE POND? WHAT IS THE EXPEC;TE!' r,OND SURFACE AREA? /V 12. DESCRIPTII)N OF PROPOSED WORK INCLUDING DISCUSSION of TYPE OF MECHANICAL WJ[ PMENT TO BE USED (ATTACH PLANS: 8 1/2" X 11" DRAWINGS ONLY) (.ve- 0,i( .._.__ .. ? (i \ ? /^ C ? r) G? L Y d '$ j v ? of 3 OTHER: TOTAL ACRES TO BE IMPACTED: L 13. PURPOSE (IF' PROPO.",ED WORK: "RE71,C1 C#3\riTTT;Ti TO BE IMPACTED BY THE PROPOSED PROJECT (IF l PROV T'DE D r.> TANCE BOTH BEFORE AND AFTER RELOCA,TfION): i TEn. I 6, FT 3 14. STATE RPA..ONS WITY IT IS BELIEVED THAT THIS ACTIVITY MUST BE CARRIED OUT IN WETLAPrU,. (f ri('LUPE ANY, MEASURES T KEN TO MINIMIZ WETLAND IMPACTS): j-!c A/ {ls f?.'?i» NrW G? Q..1 -5 CW UUS'/)? //-l?A)e-.- eS /oV pt "c'?S/QC GSd?VPC y: 1_5. YOU ARE I>EQUIRF,11 TO CONTACT THE U.S. FISH AND WILDLIFE SERVICE (USFWS) AND/()I, NA`T'111TAL MARINE FISHERIES SERVI E (NMFS) (SEE AGENCY ADDRESSES SHFl;l') RP.I7ARDING THE PRESENCE OF ANY FEDERALLY LISTED OR PROPOSED FOR I.rSTT:rr: ENDANGERED OR THREATENED SPECIES OR CRITICAL HABITAT IN THE PERMI'T' AREA TIIAT MAY BE AFFECTED BY THE PROPOSED PROJECT. DATE CONTACTED: _--(ATTACH RESPONSES FROM THESE A=I'rl?'LP,?, 16. YOU ARE I'EQUT:f?''' TO CONTACT THE STATE HISTORIC PRESERVATION OFFICER (SHPO) (SEE, 11-7:NCY ADDRESSES SHEET) REGARDING THE PRESENCE OF HISTORIC PROPERTIES ITT (EIE rr•;hr-1IT AREA WHICH MAY BE AFFECTED BY THE PROPOSED PROJECT. DATE. l'ONTAf "I'r;D : 17. DOES T111-: RROJF'.1' 1' INVOLVE AN EXPENDITURE OF PUBLIC FUNDS OR THE USE OF PUBLIC (STATI') r AC1I! ' YES I I No Ill (IF NO, GO TO 18) a. IF r;: f !P.', THE PROJECT REQUIRE PREPARATION OF AN ENVIRONMENTAL DOCUMENT PUR',TIANT T THE REQUIREMENTS OF THE NORTH CAROLINA ENVIRONMENTAL POLICY ACT? YES II NO II A114 b. IF YE3, HA:, THE DOCUMENT BEEN REVIEWED THROUGH THE NORTH CAROLINA DEPARTMENT OF' >\DMTNi`TRATION STATE CLEARINGHOUSE? YES I I No I I A/ /Q IF ANSWER TO Ilb T" eFS, THEN SUBMIT APPROPRIATE DOCUMENTATION FROM THE STATE CLEARIN(:IIOUSF rO DIVISION OF ENVIRONMENTAL MANAGEMENT REGARDING COMPLIANCE WITH THE r10RTH CAROLINA ENVIRONMENTAL POLICY ACT. QUESTIONS REGARDINr THE STATE CLEARINGHOUSE REVIEW PROCESS SHOULD BE DIRECTED TO r4.:. CIIRY BAGGETT, DIRECTOR STATE CLEARINGHOUSE, NORTH CAROLINA DEP',"TMErrr OF ADMINISTRATION, 116 WEST JONES STREET, RALEIGH, NORTH CAROLINA 279n? 1001.. TELEPHONE (919) 733-6369. 4 18. THE FOLLOWENG I'T'EMS SHOULD BE INCLUDED WITH THIS APPLICATION IF PROPOSED ACTIVITY TrFMLVES THE DISCHARGE OF EXCAVATED OR FILL MATERIAL INTO WETLANDS: a. WETT.7VID DE[INEATION MAP SHOWING ALL WETLANDS, STREAMS, LAKES AND PONDS ON THE PB()PERTY (FOR NATIONWIDE PERMIT NUMBERS 14, 18, 21, 26, 29, AND 38). ALL STREAMS (INTERMITTENT AND PERMANENT) ON THE PROPERTY MUST BE SHOWN ()N THE MAP. MAP SCALES SHOULD BE 1 INCH EQUALS 50 FEET OR 1 INCH EQUALS I00 FEET OR THEIR EQUIVALENT. b. IF AVAILABT,E, REPRESENTATIVE PHOTOGRAPH OF WETLANDS TO BE IMPACTED BY PPc)JECT. C. IF [1r-'r,INEAT[r)t1 WAS PERFORMED BY A CONSULTANT, INCLUDE ALL DATA SHEETS RELEVANT TO ""r PLACEMENT OF THE DELINEATION LINE. d. ATTACH A ('"r,Y OF THE STOPU1WATF11 MANAGEMENT PT-AN IF REQUIRED. e. WHAT IS I,7\t11) USE OF SURROUNDING PROPERTY? _ f. IF Ar'?[.,ICAr?f i:, WHAT IS PROPOSED METHOD OF SEWAGE DISPOSAL? U) 8L g. SI?rlr;n Atli) DATED AGENT AUTHORIZATION LETTER, IF APPLICABLE. NOTE: WETLAtTDS OR WATERS OF THE U.S. MAY NOT BE IMPACTED PRIOR TO: 1) ISS[ANCE Or A SECTION 404 CORPS OF ENGINEERS PERMIT, 2) EITHER T[TF ISSUANCE OR WAIVER OF A 401 DIVISION OF ENVIRONMENTAr, MAtTA(;EMENT (WATER QUALITY) CERTIFICATION, AND 3) (IN THE TWFNTY COASTAL COUNTIES ONL17, A LETTER FROM THE NORTH CAROL.TNA DIVISION OF COASTAL MANAGEMENT STATING THE PROPOSED ACTIVITY IS CONSISTENT WITH THE NORTH CAROLINA COASTAL MANAGEMENT PROGRAM. f 0 ER' S ,FNT' S TGNATURE DATE (AGENT'S S f (;NAT-1J[?E VALID ONLY IF AUTHOR 17 AT I O) f r,ETTER FROM THE OWNER I') PPOI`%CDED (18g.) ) 5 vv? wvj \ ka 1 ., ?J , 7`iT µ -A( BT0 11.94' B.15' 1 S 141741 "W I 11.57' 1 O JB. 60' 14 14 a \ 022- 7J/1' 551s2*14"W 81'J931'E 18.01' J. BT 1v so•on•no'E _d N 80.07 t Viand tWe E; 1 ' i. f '/(7 ?? o l i MEMO TO: Mr. John Dorney /Mr. Peter Colwell FROM: Dorothy Ingram / James & Georgia Judkins RE: Riverside Estates, lots 23 & 24 DATE: September It. 1996 The wetland on said lots have been identified and marked off and the attached show the measurements as requested by you. We would certainly appreciate a prompt reply after your review. A complete new drawing has been enclosed. Mr. Pierce has a copy of marked wetlands and plans to start construction Monday, September 16th. Thanks for your cooperation and consideration. Ingram / Judkins (919) 989-2131 Wm K. Pierce (910) 424-1294 State of North Carolina Department of Environment, Health and Natural Resources 16 4 Division of Water Quality James & Hunt, Jr., G ove mor Jonathan B. Howes Secretary ID E ?--i N A. Preston Howard, Jr., P.E., Director January 28, 1997 CERTIFIED MAIL RETURN RECEIPT REQUESTED Ms. Dorothy Ingram and Mr. James Judkins P. O. Box 1664 Smithfield, NC 27577 SUBJECT: Violation of Section 401 Water Quality Certification Lots 23 and 24 Riverside Estates DWQ Project # 960790 Cumberland -County Dear Ms. Ingram and Mr. Judkins: Information gathered by the Division of Water Quality 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 September 12, 1996 a 401 Water Quality Certification was issued to you authorizing 0.03 acres of wetland impacts associated with the development of Lots 23 and 24 in Riverside Estates off SR 1714 near Fayetteville, NC. The 401 Certification authorized 0.03 acres wetland fill at the front of the residential lots and the relocation of the old drainage ditch crossing the lots to run along the joint property line. Stormwater was to be directed to sheetflow into the remaining wetlands at the back of the lots. Ditching through or around the remaining wetlands was specifically prohibited by the 401 Certification. Deed restrictions were then to be placed on the lots to protect the remaining wetlands. On January 16, 1997, Ken Averitte flour the DWQ Fayetteville Regional Office and Pete Colwell from this office made a site visit to Riverside Estates to conduct a compliance monitoring inspection of the project. They found the houses under construction and a new drainage ditch cut along the property line through the wetlands that were to be preserved to an existing ditch at the very back of the lots. Because of the lower elevation (even with fill) at the front of the lots, it does not appear that the new ditch will serve to drain the area around the houses, but it is serving to drain the wetlands at the back of the lot. 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. You are requested to fill in that portion of the new ditch within the wetland area and restore the area impacted. It is recommended that you review the drainage problems on your lots and submit any proposed change in you r plans to this office. By copy of this letter we are requesting that the US Army Corps of Engineers also review the project and suspend any pending Section 404 actions on the properties. Environmental Sciences Branch • 4401 Reedy Creek Road Raleigh, North Carolina 27607 Telephone 919-733-9960 FAX # 733-9959 An Equal Opportunity Affirmative Action Employer 50% recycled/10% post consumer paper Your cooperation in resolving this violation as quickly as possible is appreciated. Should you have questions about this action please contact Ken Averitte at the DWQ Fayetteville Regional Office (910) 486-1541 or Pete Colwell at (919) 733-1786. Sin rel WW Joh R. Dorney L a er Quality Cerd lion 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 i ' j 0790 DEM ID: CORPS ACTION ID: NATIONWIDE PEPM[T RE91IF.STED (PROVIDE NATIONWIDE PERMIT #): PRE-CONSTRUCTION NOTIFICATION AQ?1 ' ?r 't 41?a1'Y? t R° 5; FOR NATIONWIDE PERMITS THAT REQUIRE: ?r AUG 9 .,': µ: ;Mfys( '99e NOTIFICATION TO THS CORPS OF ENGINEERS :•'? c j1',.s rl 2) APPLICATION FOR SECTION 401 CERTIFICATION 3) COORDINATION WITH THE NC DIVISION OF COASTAL b*'mAGEMLNT YI`` k SEND THE ORIGINAL AND (1) COPY OF THIS COMPLETED FORM TO THE APPROPRIATE FIELD OFFICE OF THE. CORPS OF ENGINEERS (SEE AGENCY ADDRESSES SHEET). SEVEN (7) COPIES SEiOUT,D R ;ENT TO THE N.C. DIVISION OF ENVIRONMENTAL MANAGEMENT (SEE AGENCY ADDRESSES SHEET). PLEASE PRINT. 1. OWNERS NAME: 2. MAILING ADI)PESS CITY: ,CC / oc :i / 'vl? t ? ???•? ? C,7__ PROJECT LOCAT19M ADI)PF.SS, , IN. MAILING ADDRESS ABoVl-':): 3. TELEPHONE. NUMBER (HOME) _ SUBDIVISION NAME: STATE: (/?._ ZIP CODE ING ! S h A, I -'7(f 1 v 1,51 (WORK) : FROM ) ._..Z 4. IF APPLICABLE: A? FT1'1" S NAME OR RESPONSIBLE CORPORATE OFFICIAL, ADDRESS, PHONE NUMBER: 5. LOCATION OF WORK (PROVIDE A MAP, PREFERABLY A COPY OF USGS TOPOGRAPHIC MAP OR AERIAL PHOTf)(;PAPHY ITH SCALE) : COUNTY: 1Li11L'Ia_C i I /V NEAREST TOWN OR CITY: 'BDIVISION NAME (IF DIF 1 C i '? ?? C S 4 v -?v ll'? J'r t"c i / C% c.1"Al s /I I 'o 1 y/ SPECIFIC LOCATION (INCLUDE ROAD t NITTMBERS, LANDMARr',, ET('. 1 As I y vet `f d nlS Yl I ???1 (?'?-Ir 1 C?cL MQ ' e??n2 r `? cZ + 1J r. ?y?",? ?a ????? ?o Y" ?? ? ye. a 5. IMPACTED OR NEAREST 'VTR VRIVER: L az oe C a Y' RIVER BASIN: 7a. IS PROJECT LOCATED NEAR WATER CLASSIFIED AS TROUT, TIDAL SALTWATER (SA), HIGH QUALI'T'Y WATrT); (HQW), OUTSTAND NG RESOURCE WATERS (ORW), WATER SUPPLY (WS-I OR W^-II)7 YES [ J NO (v IF YES, EXPLAIN: 7b. IS THE PROJEC'T' LOt'A'rFD WITHIN A NORTH CAROLINA DIVISION OF COASTAL MANAGEMENT AREA OF ENVIRONMENTAL CONCERN (AEC)? YES ( I NO ("-, 7c. IF THE PRO,lF(:T I`; LOCATED WITHIN A COASTAL COUNTY (SEE PAGE 7 FOR LIST OF COASTAL "OTJNTIF^) ,\ WHAT IS THE LAND USE PLAN (LUP) DESIGNATION? 9a. HAVE ANY SF("CION 414 PERMITS B EN PREVIOUSLY REQUESTED FOR USE ON I THIS PROPERTY? YF,S ( I NO [4 -EIF YES, PROVIDE ACTION I . D. NUMBER OF PREVIOUS PERMIT AND ANY ADDITIONAL. INFORMATION (INCLUDE PHOTOCOPY of 401 CERTIFICATION): 9b. ARE ADDITIONAL PFPMIT REQUESTS EXPECTED FOR THIS PROPERTY IN THE FUTURE? YES (i:J NO f 1 IF YES, DESCRIBE ANTICIPATED WORK: 77 9a. ESTIMATED TOTAL NUMBER OF ACRES IN TRACT OF LAND: 9b. ESTIMATED TOTAL NM4BER OF ACRES OF WETLANDS LOCATED ON PROJECT SITE: 2 10a. NUMBER OF'71CRE:,OF WETLANDS IMPACTED BY THE PROPOSED PROJECT BY: EXCAVATION• FILLING: FLOODING: _ OTHER: DRAINAGE: TOTAL ACRES TO BE IMPACTED: 10b. (1) ftl?fApl ?CtUlririrt? TO BE IMPACTED BY THE PROPOSED PROJECT (IF RELOCATED, PROT T'DE D rrTANCE BOTH BEFORE AND AFTER RELOCATION)% LENGTH BEFORE: FT AFTER: Lvy FT kY `? '?F"r t j FT WIDTH BEFORE (t,:? ;ed on normal high water contours) ? WIDTH AFTER: --7 i -31 FT h.?y?0 A? AVERAGE DEPTH Iaf"";FORD', FT AFTER: --::=FT IL /, (2)FAI(-iiNNFL IMPACTS WILL RESULT FROM: (CHECK ALL THAT APPLY) OPEN CHANNEL PEI.OCAT I ()N : PLACEMENT OF PIPE IN CHANNEL : 'lti3lt '+? ?( CHANNEL EXCAV7\'L 1 ON : OTHER: CONSTRUCTION OF A DAM/FLOODING: 11. IF CONSTRIIf'TION ()F A POND IS PROPOS D/, WHAT IS THE SIZE OF THE WATERSHED DRA I. Pi LNG T() THE POND? WHAT IS THE EXPECTED POND SURFACE AREA? -7 12. DESCRIPTI'M OF PP+)POSED WORK INCLUDING DISCUSSION OF TYPE OF MECHANICAL EQr1CPMENT TO BE USED (ATTACH PLANS: 8 1/2" X 11" DRAWINGS ONLY): -- To- 13. PURPOSE (IF PROP+Y3FD WORK: 3 14. STATE RF:A'IOPIS GIrI'C IT IS BELIEVED THAT THIS ACTIVITY MUST BE CARRIED OUT IN WETLArrfi'l. (I rWLU?E AN)r MEASURES T KEN TO MINIMIZ? WETLAND IMPACTS?: Al W G+sGy tt..c? /YG'uJ try fi?,•'e. s : de C S r -n, it .v a ti r? es , dc- ," 15. YOU ARE ?' 1;IJU 1 i' TO CONTACT THE U.S. FISH AND WILDLIFE SERVICE (USFWS) AND/-11 NAT1,)rr7\L MARINE FISHERIES SERVICE (NMFS) (SEE AGENCY ADDRESSES SHFI;l') Prl:ARDING THE PRESENCE OF ANY FEDERALLY LISTED OR PROPOSED FOR I,1STIrfr; ENDANGERED OR THREATENED SPECIES OR CRITICAL HABITAT IN THE PERMIT AREA NIAT MAY BE AFFECTED BY THE PROPOSED PROJECT. DATE CONTACTED: (ATTACH RESPONSES FROM THESE A(;I-JICTF:?, 16. YOU ARE Pr•:QUIPF:I) TO CONTACT THE STATE HISTORIC PRESERVATION OFFICER (SHPO) (SEE Al;F;NCY M)ORESSES SHEET) REGARDING THE PRESENCE OF HISTORIC Ii PROPERTIES IN THE Pfr•PMIT AREA WHICH MAY BE AFFECTED BY THE PROPOSED PROJECT. DATE: ONTA "I'FD: 17. DOES TIUF PRO,JF f T-NVOLVE AN EXPENDITURE OF PUBLIC FUNDS OR THE USE OF PUBLIC (STATF') r,ANI)' YES I I Il( ) III (IF NO, GO TO 18) a. IF THE PROJECT REQUIRE PREPARATION OF AN ENVIRONMENTAL DOCUMENT PUR':IIANT 'I'- THE REQUIREMENTS OF THE NORTH CAROLINA ENVIRONMENTAL POLICY ACT? YES 11 NO b. IF HA:: THE DOCUMENT BEEN REVIEWED THROUGH THE NORTH CAROLINA DEPARTMENT Or' ADMJM.':TRATION STATE CLEARINGHOUSE? YES 11 No I I A/ /? IF ANSWER TO 17b T'; YES, THEN SUBMIT APPROPRIATE DOCUMENTATION FROM THE STATE CLEARIN(IJOUSF: P) DIVISION OF ENVIRONMENTAL MANAGEMENT REGARDING COMPLIANCE W I NI THE NORTH CAROLINA ENVIRONMENTAL POLICY ACT. QUESTIONS RE(;ARDIN(: r'IiE STATE CLEARINGHOUSE REVIEW PROCESS SHOULD BE DIRECTED TO r? C14PY^ BAGGETT, DIRECTOR STATE CLEARINGHOUSE, NORTH CAROLINA DEPAPTMENTI)F ADMINISTRATION, 116 WEST JONES STREET, RALEIGH, NORTH CAROLINA 2760-9003, TELEPHONE (919) 733-6369. 4 18. THE FOLT,-WTNG FTFMS SHOULD BE INCLUDED WITH THIS APPLICATION IF PROPOSED ACTT/ t TY TrPP)I,VES THE DISCHARGE OF EXCAVATED OR FILL MATERIAL INTO WETLANDS: a. WETTJ\HD DF1, 1 HEATION MAP SHOWING ALL WETLANDS, STREAMS, LAKES AND PONDS ON THE PROPERTY (FOR NATIONWIDE PERMIT NUMBERS 14, 18, 21, 26, 29, AND 38). ALL STPEAMS (INTERMITTENT AND PERMANENT) ON THE PROPERTY MUST BE SHOWN ON THE MAP. MAP SCALES SHOULD BE 1 INCH EQUALS 50 FEET OR 1 INCH EQUALS IM) FEFT QR THEIR EQUIVALENT. b. IF AvAILAT3LE, REPRESENTATIVE PHOTOGRAPH OF WETLANDS TO BE IMPACTED BY FPo JECT. C. IF PFr,INEA'rr%)N WAS PERFORMED BY A CONSULTANT, INCLUDE ALL DATA SHEETS RELEVArr'r TO THE PLACEMENT OF THE DELINEATION LINE. d. ATTAV'II A ('')PY OF THE STORMWATER MANAGEMENT PLAN IF REQUIRED. e. WHAT 1_3 L7\HP USE OF SURROUNDING PROPERTY? f. IF / WHAT IS PKOPGSED METHOD OF SEWAGE DISPOSAL? g. SIGIF1) A01) DATED AGENT AUTHORIZATION LETTER, IF APPLICABLE. NOTE: WETI,I\NDS ()R WATERS OF THE U. S . MAY NOT BE IMPACTED PRIOR TO: 1) ISSUANCE OP A SECTION 404 CORPS OF ENGINEERS PERMIT, 2) EITIIF:R THE ISSUANCE OR WAIVER OF A 401 DIVISION OF ENVIRONMENTAr. MAl`UA(;EMENT (WATER QUALITY) CERTIFICATION, AND 3) (IN THE 'I'TaFWTY COASTAL COUNTIES ONLY) , A LETTER FROM THE NORTH CAROLINA DTVrSION OF COASTAL MANAGEMENT STATING THE PROPOSED ACTIVITY IS CONSISTENT WITH THE NORTH CAROLINA COASTAL MANAGEMENT PROGRAM. (O ER' S ,FHT' S r_GNATURE D TE (AGENT'S S l(;NATllPE. VALID ONLY IF AUTHORIZATION LETTER FROM ) THE OWNER I P"'10 LDED (18q.) 5 r I ` l I P 1 {r, ?.,?,MR`n??.:nw.•Nr}FFYI.i?y11+.?+- .. ,. C ?'J ?... ? .? ... ? ? r r'v I S 55•.f5 _y 87'0'`JT r? 11.9' A.25' S l f17'4 / "W 71.57' M. . 050' FO ? FO-- f i aJ 27 E,.,r, 47 . 7J.41' 22 40.21 ' taK,;i 1181C S 51 *52'1 4'W 81 J9 52' E 28.02' 1.87' N 90 "00'00' f 39.36' l y 1.78' N'80 07'47"E area ,w, ficri Yl ??Juu I.j i?le i 'I IfIrl ?ri i s? Stih Fo i 1 VICINITY A1A NT S PG'i53 apt , e)l C(et 1?. ? 9 n2 /cam ''J•% Lj • .' 'Ci . ? / ?IV A E - NOTE: This property is located in Zone IIB" (500 yr) Flood Hazard Area, per Flood Insurance Rate Map Community Panel Number 370076 0125 B" Panel 125 of 295. a _ N rr? t/1 N 0\ CSTATE5 R1VER515E pr. 63 P6.05) ?:p c') _P PLOT PLAN OWNER: Wm. KENT PIERCE WIFE: EIR RIVERSIDE ESTATES PB.85? Pr. 6,j 14 1 P ,-) a _ _ I PRbP6SED rJ a HOME r- - a FFFIO3 •? ? ? fr. 12.4 P 20.4 ? 41 °e t ? iol N.T S N E) cl,+ IO?C.35 1 I 76 /I I Elk T1E ? SIR l.° IO+. ZQ7'p3 W t.? 8,330• Cl7 ' EL- Imo ?. 01 p 06 N 42'21 X32"E s ?3?3 SW)y BAY CI- CL E 51R SUBDIVISION: 60 'R/ W PLAT BOOK 85 PAGE 63 EED BOOK PAGE VERSIDE ESTATES ?gR 23 8-9-96 FAYETTEVILLE CUMBERLAND COUNTY NORTH CAROLINA DATE SURVEYED t SCALE: I ' 60 TOWNSHIP: E over as HOUSE NUMBER: + 60 30 0 60 HoT8i snR-GRArRI ?•• Jin feet) This Is'a Drawing only, copied from a plat or need, not an actual property survey. (no horizontal or vertical measurements taken) tt°i.im. e? r rtele ne...r..•re • e..rinq • • O • nd this drawing should not be misused or mistaken as a .rqurvey, AC c„ Itr .es,•1..1• r.•..t.t le.l tcre . chore q .t CAN Irr - Inc•r f .•°tlon Curv h a - f Cent.rl lne o t 4 Ung r - eorcn or used for construction. cow cr - connra. - cn.p.t.s r.t.c tin enc ro I. Title defects, easements, wetlands, restrictive covenants, zoning o on rr, - o..e p..e nn.t .n.t req. oee - o..rh.ee ea.etrle bin. P rl•e ordinances, house location, etc, to solely the Contractors t ttl - t..e • e.l.tlnq tngl. Iron rtr - r.tl. rt rq • ?I.t ann. ..e r.q• re - ?• 1 responsibility. ' NOTE: In case of wetlands, an expert should be [cr tit ttr • .Ial?? Coneret• ,bnu.ent - [.".flog /r.n t•I. Ir.n ripe - e.lal. M.. t • fir - tight nr r.q tit q - t.l.tlnq Iron the t ' t°.th consulted before developing. ne - t.aaing Iro. eca. ttc - t.°tlon t PRELIMINARY PLAT' t' ttt ' tt.••tl°° - t.l •tlnq t.lyyhtrooe tt.t. at tr • tq..t. r.. tar • t•t Iron rlp• all s.t Iron toe NOT FOR RECORDATION SALES OR CONVEYANCES t..e tt tpt rear . t.l.tlnq t•1l rose sp - t.l.tln, teh•r 6.1 •t lnq ?. r.ll - t•....nt trt ' 80 11K "'" Itor TO - t,..t•g• REGISTRATION NO. L-2420 HADDOCK, SURVEYOR, P.C. 1211 HAY STREET, ROY J FAYETTEVILLE, NC 28305 PHONE (919) 323-1977 . DRAWN BY, RIVER BEND CO. D6, 0411 I PG. 674 ENV °. Ip5 6V ho O,o?.N ? 24c4 ps ,. 0??, ?Fc4. ?L 24 Z• 3/ AC. P?. 0 0°j3 E ? E' 6J O 3 ?a a I 1231 I o t 1gtSe n no t t° r,. ne. 61.7 f, t 1 RIVER BEND CO, 08.24I11 P6.974 E I R e'? VER510E ESTATES R IV PB. 651 P? 63 w \ V) K? V M r 0 ' M' 0 2 Q?. o? Q?. t0,,°' EI R v DRAIN I? I° I^ a V IH 0 ti• o + M' 26 a' 0- E ? I PO E D cti ?0 M E r' G:1 1 ffE„e?.° .. 1) 2d, N " 75 * 30 07 E ESM r (rIE L NEB ?_. A/. 77 S 2 NOTE: la This property is located in Zone "B" (500 yr) Flood Hazard i Area, per Flood Insurance Rate Map ' Community Panel Number 370076 0125 B, °y Panel 125 of 295. -O? -O-O ?? v ?tL PLOT PLAN L OWNER: Wm. KENT PIERCE WIFE: 0.4 1 c \°???,.Id?.59'• I SIR g ° L , 10:1.99 S• E?rlro.nt IE U Z(0 of3' 04 ?t ch 3 5- Sa'vv EIRN DY E3Ay CIRCLE s 21 SA 60 11/w SIR RIVERSIDE ESTATES PB.85 P6. 63 SUBDIVISION: RIVERSIDE ESTATES PLAT BOOK 85 PAGE 63 DEED BOOK PAGE LOT NUMBER 23 EIR DATE SURVEYED 8-9-96 FAYETTEVILLE CUMBERLAND COUNTY NORTH CAROLINA HOUSE NUMBER: TOWNSHIP: Eastover SCALE: I _ 601 Rrrrs i GO ' 30. 0 60 This Is' & Drawin Onl g y, copied [tome Plat or bead, not an actual (in fur) property survey, (no horizontal or vertical measurements taken) . . end this drawing should not be misused or mistaken an a.qurvey to en A.,e•1 ' e..-1•r '^"""•^""'°" chore ? - rlele ,Mee.r ... nt . bring CAN . i.ret• , or used for construction. [ c ne o - c.r.tln. as..sents rxP tneenwtlen L tentth or e.r.e x Title defects, easemetlta, wetlands, restrictive covenants, zoning co o -eern,.e .erne r•e - o . Iloreh or rh•tos ise one ne . o•e electric Line ordLnances, house location, etc, to solely the Contractors ox ro i o•ee neat .ne r.g. - i;i: r tree iir ii:i" responsibility. 'NOTES In case of wetlands, an expert should be tl tcx el. llna xntt. Iran - unetnt nt• xon.n•nt e•ne - i ll n t t t ro soar .ne ?.?. re re li consulted before developing. ilr tit , xg . on . . . i. nllnt Iron Fl - e.t.etng rtes teey t . t. e. t/„ . Night or ".r i ieelh PRELIMINARY PLAT' nn rl. - i.t.ung non Bret. . n...eten tic ieselpn it . sgee,e Feet tLt - i. sting LI AtrooA tl.t• t i1P t•t Iron ?1 s" NOT FOR RECORDATION SALES OR CONVEYANCES te.e tt - ..I.tln, t. tre•e er,t. t.l.eln? teh•r .It • ..t Ir°" eo in i•l rt xelt tPt ttlR • r .n.t f" x.11 • ..,..nt till tter.x. x • x..l REGISTRATION NO. L-2420 ROY J. HADDOCK, SURVEYOR, P.C. 1211 HAY STREET, FAYETTEVILLE, NC 28305 PHONE (919) 323-1977 DRAWN BY: S 7S ?3/ O S W 248. pp O,?EiV • 0 N ? 23 I.67 AC. EI P 248.68 '310 W (r/E L /NEB N. 7. S. > \ \ el p o? P& 153 \ F6??los aaZ ? ? ?? pg."?? 1 ?2 1R C, VICINITY !`1A Epp b• I VEP, BEND CO. P? DD. ?41 ! PG. 674 1 ?. `p)aJ 1 \ C 0% s IJ/ r7 E / 24 0 `S . NOTE: This property is located in Zone "B" (500 yr) Flood Hazard Area, per Flood Insurance Rate Map Community Panel Number 370076 0125 B" Panel 125 of 295. _ N in (?5 cs-1 A 7 C S RNE 'S DE pG. 63 pp. 851 2. 31 AC. w O FIR, 3 a I / i I n ?, y I, :3 I v . IOC b 0',,0 61.7 p ?} 1 P Pkbp6sED a NOME 4 124 P` GV.4 ,,IN" aw a2A I I I 1 o s S . N '( I N E) ? 1 Ck, 10i-35,1 P? TIE L SIR L-10.761 I EIR WV 03 o fZ 2330-00 + . ?srvaC% N 42'21 r32rrE / n'r?wt o `231 ES 7.47FS PLOT PLAN S ?3 ?.1 Si SANDY BAY Cl,' E , OWNER: Wm. KENT PIERCE SUBDIVISION: 60 R/W PLAT BOOK 85 PAGE 63 _ VERSIDE ESTATES EED BOOK PAGE WIFE: MER 23 DATE SURVEYED s 8-9-96' FAYETTEVILLE CUMBERLAND COUNTY NORTH CAROLINA •.z, -HOUSE NUMBER: TOWNSHIP: Eastover SCALE: /60? i I HOTN z 60 30 0 60 BAR-GRAPH: This is'a Drawing pnly, copied from a Plat or Deed, not an actual (in feet) property survey, (no horizontal or vertical measurements taken) LEG?:?In, A Actual r - yield Measurement . Searing and this drawthq should not be misused, or mistaken as a.qurvey, AC - Ac,e- let ree,.Bx.i. eee?-talexl GAR - Garage cll - Chord INT - Intersection or used for eonat'ruetion. F - centerline t, - Length of curve • COW - concrete N - sotth 't'itle defects, easements, wetlands, restrictive co,?enants, zonin CP - Computef Point 'ITS - Not To Scellee g D - Daed ONE - OverheadEctric Lin* DR rG Deed Nook an•7 Page P Plat ordinances, house location, etc, is solely the Contractors E - E. at PAT - Patio CAI Existing Angle iron Pa PG Plat Book and Peg* responsibili.tp. • NOTE: In case of wetlands, an expert should be ECM - Existing Concrete Monument ?n • ?.yy. t1A - Csletln, Iron Asle A - Redlue • C1P - Exl etlnq Iron P1pe R/M - Right of way consulted before developing. EIR . Existing Iron Rad e - South EIR - Existing Iron stake sec section PRELIMINARY PLAT' 1 EL - Elevation er - agu.r. rest ELS Existing Llghtwood stake RIP - Set iron Pl pe ERRR Exletln Railroad spike SIR • Rot Itnn Rod NOT FOR RECORDATION SALES OR CONVEYANCES ER - Exletlnq Rel,.r SPR - Set PR Neli CPR - Exist Ing PR Nall :To storage 69MT Easement M - Neet I ` REGISTRATION NO. L-2420 ROY J. HADDOCK, SURVEYOR, P.C. 1211 HAY STREET, FAYETTEVILLE, NC 28305 PHONE (919) 323-1977 DRAWN BY: RI VFk) BEND CO D8 . ?_ 4 / /I P6, 674 VICINITY MA P NT S el p 2148.68 ?Vv (r/F_ L /NE-) N. 7. S n r E t( ?-° " 0 S 7S o S t v ?? ,° E R 245,E . N 75 . 30 O'DEN p/ TAN--_- ± - -? E-SM r 210.04 ('T/C Lllv6) 23 N.T. S I - 67 AC. ? c? I? 641. / N . 4 Qs) EsTaTES °w a v SIDE RIVER P6. 85 Pc63 v, ti 2 I O ?• 0 0 v ?s OM 0 ,\ °V ° 4 OK. 2 g -124 _ P NOTE: 1d This property is located in 'Lone "B" (50U yr) Flood Hazard Area, per Flood Insurance Rate Map Community Panel Number 370076 0125 B, °ka?= Panel 125 of 295. PLOT PLAN -O? -O? Po C) ,ter- OWNER: Wm. KENT PIERCE WIFE: _ Ex?Z?' M E r? 6.1 ?1 FK?e to+.o Ilg? ?a P - 2a%?al \C)11 ch: ICI 59 • SIR 0.00 ' ??=100.0 .T E A5 r1 T• LIN E \ R 33 104 , CISU-CO PAT u M ?E 6 (T r 340• EIR N 60 AY CIRCLE G 2?' s?Sa ?p N [)Y B? R S / ? SI R SUBDIVISION: RIVERSIDE ESTATES PLAT BOOR 85 \ DEED BOOK LOT NUMBER 23 07 E EIR PAGE 63 PAGE n DATE SURVEYED 8-9-96 FAYETTEVILLE CUMBERLAND COUNTY NORTH CAROLINA HOUSE NUMBER: TOWNSHIP: Eastover SCALE: 00 " 30 O 60 Name: ry BAR-GRAPHS w This Is' & Drawing Only, copied from a Plat or Deed, not an actual (in feet) property purvey, (no horizontal or vertical measurements taken) LECri+D1 A - Actual r -Field Meeevrement a leering and this drawing should not be misused or mistaken as a.qurvey, CIIAc AcreCho[d-Ibt"°'"'x.t. - Gar e IN CANT a - - Inntterrs section or used for construction Q - Centerline L - Length of Curv . Title defects, easements, wetlands, restrictive covenants, ZOllill g CONC CP b • Concrete - Cop" 'e" Point - D eed N - North NTS Not To Scale ONE -Overhead Electric Line oral nances, house location, etc, is solely the Contractors UN PG E A, eed look "-J Page D - test 1 i l P Piet PAT - Patio k d responsibility. ' NOTE: In case of wetlands, an expert should be E ECM cIA - Ex •t ng Ang t Iron - Existing Concrete Monument - Existng Iron A.I. PD PO Plat loo Page an PD - Ps9• R - Radive consulted before developing, LIP cIR - Existing Iron Pipe - Existing Iran Rod R/N - Right of May to"tn : • EIS - txlating Iron Stake C - Section 19 PRELIMINARY PLAT' tl. . tlevetlDn er - square rest ELS - EAlsting Llghtwood Stake SIP - Set Iron 1, lpe ' NOT FOR RECORDATION SALES OR CONVEYANCES ERAS ER - Existing Railroad Spike - %1 :ting Rehar SIR • Set Iron Pod SPR • let FR Neu EPR , - t ing P! Ne11 STO - Storage ESMT - ".ement N - Meet. REGISTRATION NO. L-2420 ROY J. E(ADDOCK, SURVEYOR, P.C. 1211 HAY STREET, FAYETTEVILLE, NC 28305 PHONE (919) 323-1977 DRAWN BY: Q?. Q?. ??2,) RIVERSIDE ESTATES Ps. 8 S P6. 63