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20090841 Ver 1_401 Application_20090809
DR. J.H. CARTER III & ASSOCIATES, INC. Environmental Consultants P.O. Box 891 • Southern Pines, N.C. 28388 (910) 695-1043 9 Fax (910) 695-3317 31 July 2009 Mr. Ian McMillan NC Division of Water Quality 401 Wetlands Unit 1650 Mail Service Center Raleigh, NC 27699-1650 10? Dear Mr. McMillan: 0 4 - 0 A 4 ? Qc?@c?ne?I AUG 4 2009 WETLANDS AND STORM A EAR BRANCH Enclosed is a permit application for isolated wetland impacts at the proposed Pittman Crossing development near Barbeque in western Harnett County, North Carolina (see attached maps). I've enclosed 5 copies and a check in the amount of $240.00 in this packet. Two copies include full-sized maps at a scale of 1 inch = 100 feet. Though 1 inch = 50 feet is recommended, it is not required and this small project that has been clearly depicted on the drawings provided. The remaining 3 copies include 11 x 17-inch sheets. I have also included a CD of the maps to further assist in your review. In general, the proposed project will impact wetlands in order to construct an access road and a few adjacent lots. The project has avoided impacts to streams and 404 jurisdictional wetlands onsite. The impact is restricted to the edges of an isolated wetland near road frontage on the property. Ronnie Smith of the U.S. Army Corps of Engineers visited the site in June 2009 for a jurisdictional determination. Jurisdictional waters and wetlands were limited to the western side of the parcel. An old agriculture ditch onsite was determined to be non-wetland/ stream. The isolated wetland was also addressed in a 2006 determination (see Action ID numbers enclosed in the application). Total project impacts to non-404 wetlands are approximately 0.49 acre. Please review the enclosed permit application and contact me if you need any additional information. Thank you for your time. Sincerely, Jennifer M. Archambault Wildlife Biologist Endangered Species Surveys • Environmental Assessments • Land Management • Wetlands Mapping and Permitting p9-p 84 1 0'- \N AT RQG ?' II.JWV Office Use Only: Corps action ID no. DWQ project no. Form Version 1.0 November 2008 Pre-Construction Notification (PCN) Form A. Applicant Information 1. Processing " `?-...._ 1 a. Type(s) of approval sought from the Corps: ? Section 404 Permit ? Section 10 Permit .. 1 b. Specify Nationwide Permit (NWP) number: or General Permit (GP) number: 1 c. Has the NWP or GP number been verified by the Corps? ? Yes ? No 1 d. Type(s) of approval sought from the DWQ (check all that apply): ? 401 Water Quality Certification - Regular ® Non-404 Jurisdictional General Permit ? 401 Water Quality Certification - Express ? Riparian Buffer Authorization 1 e. Is this notification solely for the record because written approval is not required? For the record only for DWQ 401 Certification: ? Yes ® No For the record only for Corps Permit: ® Yes ? No 1f. Is payment into a mitigation bank or in-lieu fee program proposed for mitigation of impacts? If so, attach the acceptance letter from mitigation bank or in-lieu fee program. ? Yes ® No 1 g. Is the project located in any of NC's twenty coastal counties. If yes, answer 1 h below. ? Yes ® No 1 h. Is the project located within a NC DCM Area of Environmental Concern (AEC)? ? Yes ® No 2. Project Information 2a. Name of project: Pittman Crossing 2b. County: Harnett 2c. Nearest municipality / town: Sanford 2d. Subdivision name: N/A 2e. NCDOT only, T.I.P. or state project no: N/A DENR-WATER QUALITY WETLANDS ANDSTORMWATERBRANCH 3. Owner Information 3a. Name on Recorded Deed: Mitzi Gizmo & Associates, Inc. 3b. Deed Book and Page No. 02515, page 0150 3c. Responsible Party (for LLC if applicable): Attn to Mr. John Cooper 3d. Street address: 2505 Dairymple Street 3e. City, state, zip: Sanford, NC 27332 3f. Telephone no.: 919-777-0820 3g. Fax no.: 919-777-0835 3h. Email address: John.Cooper@southeasterncompanies.com Page 1 of 12 PCN Form - Version 1.0 November 2008 Version Section A. Applicant Information, continued 4. Applicant Information (if different from owner) 4a. Applicant is: ? Agent ? Other, specify: 4b. Name: 4c. Business name (if applicable): 4d. Street address: 4e. City, state, zip: 4f. Telephone no.: 4g. Fax no.: 4h. Email address: 5. Agent/Consultant Information (if applicable) 5a. Name: Jennifer M. Archambault 5b. Business name (if applicable): Dr. J. H. Carter III & Associates, Inc. 5c. Street address: 515 - F Midland Rd. 5d. City, state, zip: Southern Pines, NC 28387 5e. Telephone no.: 910-695-1043 5f. Fax no.: 910-695-3317 5g. Email address: jrchambault@jhcarterinc.com Page 2 of 12 PCN Form - November 2008 Version B. Project Information and Prior Project History 1. Property Identification 1a. Property identification no. (tax PIN or parcel ID): 9588-53-8402.000 1 b. Site coordinates (in decimal degrees): 35.353534`N - 79.046664`W 1 c. Property size: 33.5 acres 2. Surface Waters 2a. Name of nearest body of water (stream, river, etc.) to Big Branch proposed project: 2b. Water Quality Classification of nearest receiving water: C 2c. River basin: Cape Fear River Basin (HUC 03030004) 3. Project Description 3a. Describe the existing conditions on the site and the general land use in the vicinity of the project at the time of this application: Approximately 2/3 of the parcel is fallow agricultural fields and the remainder is forested. General land use in the vicinity consists of a patchy landscape of agriculture and forested land. 3b. List the total estimated acreage of all existing wetlands on the property: approximately 6.16 acres (includes 404 jurisdictional and non-jurisdictional wetlands) 3c. List the total estimated linear feet of all existing streams (intermittent and perennial) on the property: 0. Riparian wetlands associated with Big Branch are located on the parcel, however, the stream is on adjacent property. 3d. Explain the purpose of the proposed project: Development of the parcel for residential use. 3e. Describe the overall project in detail, including the type of equipment to be used: The project will include some land clearing and grading, construction of roads and construction of homes and attending features. 0.49 acre of isolated wetland will be filled in order to construct a main road into the parcel and make 3 adjacent lots buildable. Most of the wetland will be undisturbed and left as open space in the subdivision. Standard heavy equipment will be used, including bulldozers, graders, dump trucks, etc. Wetland impacts will be restricted to the isolated wetland onsite for construction of an entrance road and lot development. 4. Jurisdictional Determinations 4a. Have jurisdictional wetland or stream determinations by the Corps or State been requested or obtained for this property Yes ? No ? Unknown project (including all prior phases) in the past? 4b. If the Corps made the jurisdictional determination, what type ? Preliminary ®Final of determination was made? 4c. If yes, who delineated the jurisdictional areas? Agency/Consultant Company: JCA, Inc. Name (if known): William Mullin Other: 4d. If yes, list the dates of the Corps jurisdictional determinations or State determinations and attach documentation. 6/25/09 - SAW 2009-01038. Addresses jurisdictional wetlands on the western side of the parcel. All wetlands onsite were delineated. 2/6/06 - Action ID 2006-00453 (different delineator) identified isolated wetland onsite near the eastern edge of the parcel adjacent to Rosser-Pittman Rd. The isolated wetland was identified, but not delineated. A copy was not available to JCA to include with this package. If needed, please contact Ronnie Smith at the USACE (910) 251-4829. 5. Project History 5a. Have permits or certifications been requested or obtained for ? Yes ®No ? Unknown this project (including all prior phases) in the past? 5b. If yes, explain in detail according to "help file" instructions. N/A Page 3 of 12 PCN Form - Version 1.0 November 2008 Version B. Project Information and Prior Project History 6. Future Project Plans 6a. Is this a phased project? ? Yes ® No 6b. If yes, explain. N/A Page 4 of 12 PCN Form - November 2008 Version C. Proposed Impacts Inventory 1. Impacts Summary 1 a. Which sections were completed below for your project (check all that apply): ® Wetlands ? Streams - tributaries ? Buffers ? Open Waters ? Pond Construction 2. Wetland Impacts If there are wetland impacts proposed on the site, then complete this question for each wetland area impacted. 2a. 2b. 2c. 2d. 2e. 2f. Wetland impact Type of jurisdiction number - Type of Type of wetland Forested (Corps - 404, 10 Area of impact (acres) Permanent (P) or impact (if known) DWQ - non-404, other) Temporary T W1 ® P ? T fill isolated, herbaceous ? Yes ® No ? Corps ® DWQ 0.49 W2 ? P ? T ? Yes ? No ? Corps ? DWQ W3 ? P ? T ? Yes ? No ? Corps ? DWQ W4 ? P ? T ? Yes ? No ? Corps ? DWQ W5 ? P ? T ? Yes ? No ? Corps ? DWQ W6 ? P ? T ? Yes ? No ? Corps ? DWQ 2g. Total wetland impacts 0.49 2h. Comments: 3. Stream Impacts If there are perennial or intermittent stream impacts (including temporary impacts) proposed on the site, then complete this question for all stream sites impacted. 3a. 3b. 3c. 3d. 3e. 3f. Stream impact Type of Stream name Perennial (PER) or Average stream width (feet) Impact number - impact intermittent (INT)? length Permanent (P) or (linear feet) Temporary (T) S1 ? P ? T ? PER ? INT S2 ?P?T ?PER ?INT S3 ?P?T ?PER ?INT S4 ? P ? T ? PER ? INT S5 ?P?T ?PER ?INT S6 ? P ? T ? PER ? INT 3g. Total stream and tributary impacts 0 3h. Comments: N/A Page 5 of 12 PCN Form - Version 1.0 November 2008 Version C. Proposed Impacts Inventory, continued 4. Open Water Impacts If there are proposed impacts to lakes, ponds, estuaries, tributaries, sounds, the Atlantic Ocean, or any other open water of the U.S. then individual) list all o en water impacts below. 4a. 4b. 4c. 4d. 4e. Open water Name of impact number waterbody Type of impact Waterbody type Area of impact (acres) - Permanent (if (P) or applicable) Temporary T 01 ?P?T 02 ?P?T 03 ?P?T 04 ?P?T 4f. Total open water impacts 0 4g. Comments: N/A Page 6 of 12 PCN Form - November 2008 Version C. Proposed Impacts Inventory, continued 5. Pond or Lake Construction If and or lake construction pro osed, then complete the chart below. 5a. 5b. 5c. 5d. 5e. Wetland Impacts (acres) Stream Impacts (feet) Upland Pond ID Proposed use or (acres) number purpose of pond Flooded Filled Excavated Flooded Filled Excavated Flooded P1 P2 5f. Total 5g. Comments: 5h. Is a dam high hazard permit required? ? Yes ? No If yes, permit ID no: 5i. Expected pond surface area (acres): 5j. Size of pond watershed (acres): 5k. Method of construction: 6. Buffer Impacts (for DWQ) If project will impact a protected riparian buffer, then complete the chart below. If yes, then individually list all buffer impacts below. If an impacts require mitigation, then ou MUST fill out Section D of this form. 6a. ? Neuse ? Tar-Pamlico ® Other: Cape Fear Project is in which protected basin? ? Catawba ? Randleman 6b. 6c. 6d. 6e. 6f. 6g. Buffer impact number - Reason Buffer Zone 1 impact (square Zone 2 impact Permanent (P) for impact Stream name mitigation feet) (square feet) or Temporary required? T 131 EIPEIT El Yes [-]No 62 ?P?T ?Yes ?No 133 EIPEIT El Yes [:]No 6h. Total buffer impacts 6i. Comments: N/A Page 7 of 12 PCN Form - November 2008 Version D. Impact Justification and Mitigation 1. Avoidance and Minimization 1 a. Specifically describe measures taken to avoid or minimize the proposed impacts in designing project. Jurisdictional riparian wetlands (and adjacent stream) on the western side of the parcel were completely avoided in the project design. The initial development design included filling the entire isolated wetland on the eastern side of the parcel. After review of the site with environmental consultants and the USACE, the project design was revised to allow most of the isolated wetland to remain undisturbed as open space. Impacts were restricted to the edge of the isolated wetland to allow construction of a road and effective development of the adjacent lots. Additionally, lot boundaries were revised to exclude most of the wetland in order to reduce future opportunities for an individual lot owner to impact wetlands. 1 b. Specifically describe measures taken to avoid or minimize the proposed impacts through construction techniques. Appropriate erosion control measures will be used , the site will be accessed from uplands and most of the forested uplands will be left in place. 2. Compensatory Mitigation for Impacts to Waters of the U.S. or Waters of the State 2a. Does the project require Compensatory Mitigation for impacts to Waters of the U.S. or Waters of the State? ? Yes ® No 2b. If yes, mitigation is required by (check all that apply): ? DWQ ? Corps 2c. If yes, which mitigation option will be used for this project? ? Mitigation bank ? Payment to in-lieu fee program ? Permittee Responsible Mitigation 3. Complete if Using a Mitigation Bank 3a. Name of Mitigation Bank: N/A 3b. Credits Purchased (attach receipt and letter) Type Quantity 3c. Comments: 4. Complete if Making a Payment to In-lieu Fee Program 4a. Approval letter from in-lieu fee program is attached. ? Yes 4b. Stream mitigation requested: linear feet 4c. If using stream mitigation, stream temperature: warm, cool, cold 4d. Buffer mitigation requested (DWQ only): square feet 4e. Riparian wetland mitigation requested: acres 4f. Non-riparian wetland mitigation requested: acres 4g. Coastal (tidal) wetland mitigation requested: acres 4h.. Comments: 5. Complete if Using a Permittee Responsible Mitigation Plan 5a. If using a permittee responsible mitigation plan, provide a description of the proposed mitigation plan. Page 8 of 12 PCN Form - Version 1.0 November 2008 Version D. Impact Justification and Mitigation, continued 6. Buffer Mitigation (State Regulated Riparian Buffer Rules) - required by DWQ 6a. Will the project result in an impact within a protected riparian buffer that requires buffer mitigation? ? Yes ® No 6b. If yes, then identify the square feet of impact to each zone of the riparian buffer that requires mitigation. Calculate the amount of mitigation required. Zone Reason for impact Total impact (square feet) Multiplier Required mitigation (square feet) Zone 1 3 (2 for Catawba) Zone 2 1.5 Total buffer mitigation required: 6c. If buffer mitigation is required, discuss what type of mitigation is proposed (e.g., payment to private mitigation bank, permittee responsible riparian buffer restoration, payment into an approved in-lieu fee fund). 6d. Comments: Page 9 of 12 PCN Form - November 2008 Version E. Stormwater Management and Diffuse Flow Plan (required by DWQ) 1. Diffuse Flow Plan 1 a. Does the project include or is it adjacent to protected riparian buffers identified ? Yes ® No within one of the NC Riparian Buffer Protection Rules? 1 b. If yes, then is a diffuse flow plan included? ? Yes ? No 2. Determination if the Project Requires a Stormwater Management Plan 2a. Does the project require a Non-404 Jurisdictional General Permit? ® Yes ? No 2b. Is the project subject to General Certification 3704 or 3705? ? Yes ® No 3. Determination of Stormwater Review Jurisdiction 3a. Is this project subject to any of the following state-implemented stormwater ? Coastal counties management programs (check all that apply)? ? HQW ? ORW If so, attach one copy of the approval letter from the DWQ and one copy of the ? Session Law 2006-246 approved stormwater management plan. ? Other: 3b. In which local government's jurisdiction is this project? Harnett County 3c. Is this local government certified to implement a state stormwater program? ? Yes ® No If so, attach one copy of the approval letter from the local government and one copy of the approved stormwater management plan (or one copy of the approved Stormwater management plan stamped as approved). 4. Information Required for DWQ 401 Unit Stormwater Review 4a. What is the overall percent imperviousness according to the most current site plan? 3.65 acres or 11.0% 4b. Does this project contain any areas that meet the criteria for "high density" per ? Yes ® No General Certifications 3704 and 3705? 4c. If the site is over 24% impervious and/or contains high density areas, then provide a brief narrative description of the stormwater management plan. N/A 4d. Has a completed BMP Supplement Form with all required items been submitted ? Yes ? No for each stormwater BMP? Page 10 of 12 PCN Form - Version 1.0 November 2008 Version F. Supplementary Information 1. Environmental Documentation (DWQ Requirement) 1 a. Does the project involve an expenditure of public (federal/state/local) funds or the ? Yes ® No use of public (federal/state) land? 1 b. If you answered "yes" to the above, does the project require preparation of an environmental document pursuant to the requirements of the National or State ? Yes ? No (North Carolina) Environmental Policy Act (NEPA/SEPA)? 1 c. If you answered "yes" to the above, has the document review been finalized by the State Clearing House? (If so, attach a copy of the NEPA or SEPA final approval ? Yes ? No letter.) Comments: 2. Violations (DWQ Requirement) 2a. Is the site in violation of DWQ Wetland Rules (15A NCAC 2H .0500), Isolated Wetland Rules (15A NCAC 2H .1300), DWQ Surface Water or Wetland Standards, ? Yes ® No or Riparian Buffer Rules (15A NCAC 2B .0200)? 2b. Is this an after-the-fact permit application? ? Yes ® No 2c. If you answered "yes" to one or both of the above questions, provide an explanation of the violation(s): 3. Cumulative Impacts (DWQ Requirement) 3a. Will this project (based on past and reasonably anticipated future impacts) result in ? Yes ® No additional development, which could impact nearby downstream water quality? 3b. If you answered "yes" to the above, submit a qualitative or quantitative cumulative impact analysis in accordance with the most recent DWQ policy. If you answered "no," provide a short narrative description. This project is not likely to cause cumulative impacts to downstream water quality. It is a relatively small, residential development with no commercial aspect and proposed construction is largely in uplands and away from 404 wetlands and waters. 4. Sewage Disposal (DWQ Requirement) 4a. Clearly detail the ultimate treatment methods and disposition (non-discharge or discharge) of wastewater generated from the proposed project, or available capacity of the subject facility. Homes will be on individual septic systems and Harnett County water. Page 11 of 12 PCN Form - Version 1.0 November 2008 Version F. Supplementary Information, continued 5. Endangered Species and Designated Critical Habitat (Corps Requirement) 5a. Will this project occur in or near an area with federally protected species or ? Yes ® No habitat? 5b. Have you checked with the USFWS concerning Endangered Species Act ? Yes ® No impacts? ? Raleigh 5c. If yes, indicate the USFWS Field Office you have contacted. ? Asheville 5d. What data sources did you use to determine whether your site would impact Endangered Species or Designated Critical Habitat? NC Natural Heritage Program GIS data and database. Also, no protected species were observed during site visits, however, specific surveys were not conducted. 6. Essential Fish Habitat (Corps Requirement) 6a. Will this project occur in or near an area designated as essential fish habitat? ? Yes ® No 6b. What data sources did you use to determine whether your site would impact Essential Fish Habitat? http://ocean.floridamarine.org/efh-coral/ims/viewer.htm 7. Historic or Prehistoric Cultural Resources (Corps Requirement) 7a. Will this project occur in or near an area that the state, federal or tribal governments have designated as having historic or cultural preservation ? Yes ® No status (e.g., National Historic Trust designation or properties significant in North Carolina history and archaeology)? 7b. What data sources did you use to determine whether your site would impact historic or archeological resources? Accessed the State Historic Preservation Office via http://www.hpo.dcr.state.nc.us/, however, did not request specific site information 8. Flood Zone Designation (Corps Requirement) 8a. Will this project occur in a FEMA-designated 100-year floodplain? ? Yes ® No 8b. If yes, explain how project meets FEMA requirements: 8c. What source(s) did you use to make the floodplain determination? AWCK, Inc. Engineers and Surveyors. Site map indicates the 100-year floodplain is located on the western side of the parcel, however, all subdivided lot lines have been kept out of the 100-year floodplain. Jennifer M. Archambault 7-31-09 Applicant/Agent's Printed Name A licant/Agent's Signature (Agent's sin ture is valid only if an authorization letter from the applicant Date is provided.) Page 12 of 12 PCN Form - November 2008 Version 08/03/2009 02:20 919-777-0835 COLDWELL BANKER SE PAGE 02102 N Southeastern Properties and Development Company 8-3-09 To Whom It May Concern: Dr. J. H. Carter III & Associates, Inc. is authorized to prepare and submit the necessary permits for the proposed Pittman Crossing development near. Barbeque, Harnett County, North Carolina Additionally, this letter grants pea',znission to federal and state regulatory authorities to conduct site visits an our property to evaluate wetland boundaries and project impacts. Co 2505 Dalrymple Street • Sanford, North Carolina 27332 Office: 919.777.0820 • Mobile! 919.749.3051 - Fax: 919.717.0835 U.S. ARMY CORPS OF ENGINEERS Wilmington District 9 Action Id. SAW-20001038 County: Harnett Quad: Olivia NO DEPARTMENT OF THE ARMY AUTHORIZATION REQUIRED Applicant: Mr. John Cooper Mitzi Gizmo and Associates Address: 2505 Dalrymple Street Sanford, NC 27330 Decidegrees: N 35.35316 W -79.04809 Ms. Jennifer Archambault Dr. J. H. Carter and Associates, Inc. 515-F Midland Road Southern Pines, NC 28387 Size and Location of Property (water body, Highway name/number, town, etc.): The property is approximately 33.5 acres and is adjacent to Big Branch and located off of Rosser-Pittman between Barbeque Church Road and Happy Lane, southeast of Sanford, Harnett County, North Carolina. Description of work: Development of a residential subdivision. Your work as described above does not require Department of the Army authorization for the following reason(s): There are no jurisdictional waters or wetlands within the boundaries of the project as described above. X The proposed project does not have a regulated impact on jurisdictional waters or wetlands The proposed project is exempt from Department of the Army regulations. Remarks: The proposed proiect, as depicted on the attached plans that were submitted to our office by email on June 17, 2009, will be conducted entirely in non-iurisdictional areas of the property This project will not involve the discharee of fill material into waters of the United States or wetlands Any changes in the described work resulting in impacts to jurisdictional waters or wetlands or any new work in jurisdictional waters or wetlands outside the area described above must be coordinated with the Corps of Engineers prior to commencement. Please contact the Regulatory Official specified below. For any activity within the twenty coastal counties, before beginning work, you must contact the N.C. Division of Coastal Management at telephone (910) 796-7215 to discuss any required State permit authorization. This Department of the Army determination does not relieve the property owner of the responsibility to obtain any other required Federal, State, or local approvals/permits. Date: June 25, 2009 Corps Regulatory Official: Ronnie SmithO-8Telephone: 910 251-4829 +SURVEY PLATS, FIELD SKETCH, WETLAND DELINEATION FORMS, PROJECT PLANS, ETC., MUST BE ATTACHED TO THE FILE COPY OF THIS FORM, IF REQUIRED OR AVAILABLE. SAW Form 654 Copy Furnished: Mr. Ian Mcmillan NCDENR-DWQ 1650 Mail Service Center Raleigh, NC 27699 U.S. ARMY CORPS OF ENGINEERS WILMINGTON DISTRICT Action Id. SAW-2009-01038 County: Harnett U.S.G.S. Quad: Olivia NOTIFICATION OF JURISDICTIONAL DETERMINATION Applicant/Property Owner: Mr. John Cooper Mr. Bill Mullin Mitzi Gizmo and Associates Dr. J. H. Carter and Associates, Inc. Address: 2505 Dalrymple Street 515-F Midland Road Sanford, NC 27330 Southern Pines, NC 28387 Phone Number: Property description: Size (acres) 33.5 Nearest Waterway Big Branch USGS HUC 030300040204 910-695-1043 Nearest Town Sanford River Basin Cape Fear Coordinates N 35.35316 W -79.04809 Location description: The property is adjacent to Big Branch and is located off of Rosser-Pittman between Barbeque Church Road and Happy Lane, southeast of Sanford. Harnett County, North Carolina. Indicate Which of the Following Apply: Based on preliminary information, there may be wetlands on the above described property.' We strongly suggest you have this property inspected to determine the extent of Department of the Army (DA) jurisdiction. To be considered final, a jurisdictional determination must be verified by the Corps. This preliminary determination is not an appealable action under the Regulatory Program Administrative Appeal Process ( Reference 33 CFR Part 331). _ There are Navigable Waters of the United States within the above described property subject to the permit requirements of Section 10 of the Rivers and Harbors Act and Section 404 of the Clean Water Act. Unless there is a change in the law or our published regulations, this determination may be relied upon for a period not to exceed five years from the date of this notification. X There are waters of the U.S. including wetlands on the above described property subject to the permit requirements of Section 404 of the Clean Water Act (CWA)(33 USC & 1344)Unless there is a change in the law or our published regulations, this determination may be relied upon for a period not to exceed five years from the date of this notification. _ We strongly suggest you have the waters of the U.S. on your property delineated. Due to the size of your property and/or our present workload, the Corps may not be able to accomplish this wetland delineation in a timely manner. For a more timely delineation, you may wish to obtain a consultant. To be considered final, any delineation must be verified by the Corps. X The wetland on your property have been delineated and the delineation has been verified by the Corps We strongly suggest you have this delineation surveyed Upon completion this survey should be reviewed and verified by the Corps. Once verified, this survey will provide an accurate depiction of all areas subject to CWA jurisdiction on your property which, provided there is no change in the law or our published regulations may be relied upon for a period not to exceed five years. _ The waters of the U.S. including wetlands have been delineated and surveyed and are accurately depicted on the plat signed by the Corps Regulatory Official identified below on January 11, 2008. Unless there is a change in the law or our published regulations, this determination may be relied upon for a period not to exceed five years from the date of this notification. _ There are no waters of the U.S., to include wetlands, present on the above described property which are subject to the permit requirements of Section 404 of the Clean Water Act (33 USC 1344). Unless there is a change in the law or our published regulations, this determination may be relied upon for a period not to exceed five years from the date of this notification. _ The property is located in one of the 20 Coastal Counties subject to regulation under the Coastal Area Management Act (CAMA). You should contact the Division of Coastal Management in Wilmington, NC at (910) 796-7215 to determine their requirements. Placement of dredged or fill material within waters of the US and/or wetlands without a Department of the Army permit may constitute a violation of Section 301 of the Clean Water Act (33 USC § 1311). If you have any questions regarding this determination and/or the Corps regulatory program, please contact Ronnie Smith at (910) 2514829 Basis For Determination: This site exhibits wetland criteria as described in the 1987 Corps Wetland Delineation Manual and is adiacent to Bia Branch, a tributarv of Barbecue Creek, a tributary of the Upper Little River, a tributary of the Cape Fear River, which is a naviaable water of the United States. The unnamed tributary of Biz Branch and Biz Branch exhibits an ordinary high water mark as indicated by the absence of vegetation in the stream channel and the presence of bed and banks, shelvina and sediment sortin0deyosition. This determination is based on information provided by Dr. J. H. Carter and Associates, Inc. and a site visit conducted by Ronnie Smith of the U.S. Army Corps of Enaineers on June 11, 2009. Remarks: This site also contains isolated wetlands that are not adiacent to a water of the United States and are not subject to the permit requirement of Section 404 of the Clean Water Act. However, isolated wetlands are subject to regulation by the state of North Carolina. Prior to starting any work you should contact Mr. Chad Turlinaton with the North Carolina Division of Water Ouality. Their address is as follows: NCDENR - NCDWO, 225 Green Street, Suite 714, Fayetteville, North Carolina 28301. The isolated wetland areas on the property have been identified under a previous action. An approved iurisdiction determination with Action ID Number 2006-00453 was issued on February 6, 2006. Appeals Information (This information applies only to approved jurisdictional determinations as indicated above) This correspondence constitutes an approved jurisdictional determination for the above described site. If you object to this determination, you may request an administrative appeal under Corps regulations at 33 CFR part 331. Enclosed you will find a Notification of Appeal Process (NAP) fact sheet and request for appeal (RFA) form. If you request to appeal this determination you must submit a completed RFA form to the following address: District Engineer, Wilmington Regulatory Division Attn: Ronnie Smith, Project Manager, Wilmington Regulatory Field Office 69 Darlington Ave Wilmington, North Carolina 28403 In order for an RFA to be accepted by the Corps, the Corps must determine that it is complete, that it meets the criteria for appeal under 33 CFR part 331.5, and that it has been received by the District Office within 60 days of the date of the NAP. Should you decide to submit an RFA form, it must be received at the above address by August 24, 2009. **It is not necessary to submit an RFA form to the District Office if you do not object to the determination in this correspondence. Corps Regulatory Official: Date: June 25, 2009 Expiration Date: June 25, 2014 Corps Regulatory Official (Initial): RDS FOR OFFICE USE ONLY: • A plat or sketch of the property and the wetland data form must be attached to the file copy of this form. • A copy of the "Notification Of Administrative Appeal Options And Process And Request For Appeal" form must be transmitted with the property owner/agent copy of this form. Copy Furnished: Mr. Chad Turlington, NCDENR-DWQ, 225 Green Street, Suite 714, Fayetteville, NC 28301 11 1 1 o I p. ! R 1 Applicant: Mr. John Cooper File Number: 2009- Date: June 25, 2009 01038 At tached is: wetland survey See Section below INITIAL PROFFERED PERMIT (Standard Permit or Letter of permission) A PROFFERED PERMIT Standard Permit or Letter of permission) B PERMIT DENIAL C X APPROVED JURISDICTIONAL DETERMINATION D PRELIMINARY JURISDICTIONAL DETERMINATION E SECTION-1 e flowing 'identities your,riglits aiid options regarding an administrative appeal a ;t e above decision ,'46i'onal u format"ion ii ay be found at http'//?«v?v.usace.army,.mil/inet%fimctions%c,,v/cecyvofreU or Co s regulations of 33 CFR Part33I. A: INITIAL PROFFERED PERMIT: You may accept or object to the permit. • ACCEPT: If you received a Standard Permit, you may sign the permit document and return it to the district engineer for final authorization. If you received a Letter of Permission (LOP), you may accept the LOP and your work is authorized. Your signature on the Standard Permit or acceptance of the LOP means that you accept the permit in its entirety, and waive all rights to appeal the permit, including its terms and conditions, and approved jurisdictional determinations associated with the permit. • OBJECT: If you object to the permit (Standard or LOP) because of certain terms and conditions therein, you may request that the permit be modified accordingly. You must complete Section II of this form and return the form to the district engineer. Your objections must be received by the district engineer within 60 days of the date of this notice, or you will forfeit your right to appeal the permit in the future. Upon receipt of your letter, the district engineer will evaluate your objections and may: (a) modify the permit to address all of your concerns, (b) modify the permit to address some of your objections, or (c) not modify the permit having determined that the permit should be issued as previously written. After evaluating your objections, the district engineer will send you a proffered permit for your reconsideration, as indicated in Section B below. B: PROFFERED PERMIT: You may accept or appeal the permit • ACCEPT: If you received a Standard Permit, you may sign the permit document and return it to the district engineer for final authorization. If you received a Letter of Permission (LOP), you may accept the LOP and your work is authorized. Your signature on the Standard Permit or acceptance of the LOP means that you accept the permit in its entirety, and waive all rights to appeal the permit, including its terms and conditions, and approved jurisdictional determinations associated with the permit. • APPEAL: If you choose to decline the proffered permit (Standard or LOP) because of certain terms and conditions therein, you may appeal the declined permit under the Corps of Engineers Administrative Appeal Process by completing Section II of this form and sending the form to the division engineer. This form must be received by the division engineer within 60 days of the date of this notice. C: PERMIT DENIAL: You may appeal the denial of a permit under the Corps of Engineers Administrative Appeal Process by completing Section H of this form and sending the form to the division engineer. This form must be received by the division engineer within 60 days of the date of this notice. D: APPROVED JURISDICTIONAL DETERMINATION: You may accept or appeal the approved JD or provide new information. • ACCEPT: You do not need to notify the Corps to accept an approved JD. Failure to notify the Corps within 60 days of the date of this notice, means that you accept the approved JD in its entirety, and waive all rights to appeal the approved JD. • APPEAL: If you disagree with the approved JD, you may appeal the approved JD under the Corps of Engineers Administrative Appeal Process by completing Section II of this form and sending the form to the division engineer. This form must be received by the division engineer within 60 days of the date of this notice. E: PRELIMINARY JURISDICTIONAL DETERMINATION: You do not need to respond to the Corps regarding the preliminary JD. The Preliminary JD is not appealable. If you wish, you may request an approved JD (which may be appealed), by contacting the Corps district for further instruction. Also you may provide new information for further consideration by the Corps to reevaluate the JD. S EkTIQN:It ,;RE ST F: R APPEAL or OBJECTIONS TO'AN INITIAL PROFFERED`PERMIT. REASONS FOR APPEAL OR OBJECTIONS: (Describe your reasons for appealing the decision or your objections to an initial proffered permit in clear concise statements. You may attach additional information to this form to clarify where your reasons or objections are addressed in the administrative record.) ADDITIONAL INFORMATION: The appeal is limited to a review of the administrative record, the Corps memorandum for the record of the appeal conference or meeting, and any supplemental information that the review officer has determined is needed to clarify the administrative record. Neither the appellant nor the Corps may add new information or analyses to the record. However, you may provide additional information to clarify the location of information that is already in the administrative record. POINT OF CONTACT FOR. QUESTIONS OR INFORMATION: If you have questions regarding this decision and/or If you only have questions regarding the appeal process the appeal process you may contact: you may also contact: Ronnie Smith Mr. Mike Bell, Administrative Appeal Review Officer PO Box 1890 CESAD-ET-CO-R Wilmington, NC 28402 U.S. Army Corps of Engineers, South Atlantic Division 60 Forsyth Street, Room 9M 15 Atlanta, Georgia 30303-8801 RIGHT OF ENTRY: Your signature below grants the right of entry to Corps of Engineers personnel, and any government consultants, to conduct investigations of the project site during the course of the appeal process. You will be provided a 15 day notice of any site investigation, and will have the opportunity to participate in all site investigations. Date: Telephone number: Signature of appellant or agent. For appeals on Initial Proffered Permits and approved Jurisdictional Determinations send this form to: District Engineer, Wilmington Regulatory Division, Attn: Ronnie Smith, Project Manager, Wilmington Regulatory Field Office, PO Box 1890, Wilmington, North Carolina 28402 For Permit denials and Proffered Permits send this form to: Division Engineer, Commander, U.S. Army Engineer Division, South Atlantic, Attn: Mr. Mike Bell, Administrative Appeal Officer, CESAD-ET-CO-R, 60 Forsyth Street, Room 9M15, Atlanta, Georgia 30303-8801 5 79'10'00° 79 6 Continue on Page 39 7 7E°55 [X; 79.1667" 79.633 7` C,167 _ a r_ I - ? ?? P p• e j ? Piir °PP' CY i 501 NYEw .ryY PNEP e E ?? ' _ !7 PO sr of u. .4 ?"` ? ? $fq ioox=? r a \ ' G POEOEP z F r Q•6 _ ' AN s I PD °o .§' _S I C RR'IS LAID _ 4e? I w 6URn3 R x \ w 9 J ?t °N ? lffb. L Shadd C• fc ?/?Q g E i COi:N ?" V?•PQ' rp\E q° - 'b (ryc _ d$ car 4, ,. Hu ? anus oaa? E' • aar a wrHrx Ra. v ? __ ti . , - d' _ / 42 \ _-? ; { Off N " 42 S'? ? ? 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Yi is _ y, ? Zi: ,,`,, ID Soil Name 1 DoA 1 FaB 2 NeD 3 NeE 4 NoB 5 Ro 6 Wh Hydric Description Dothan loamy sand, 0 to 2 percent slopes Fuquay loamy sand, 0 to 6 percent slopes Nason silt loam, 8 to 15 percent slopes Nason silt loam, 15 to 25 percent slopes Norfolk loamy sand, 2 to 6 percent slopes Roanoke loam, occasionally flooded A wehadkee loam, frequently flooded Map Scale = One Inch = 292 feet Owner Information: PID 039588 0003 01 NAME MITZI GIZMO & ASSOCIATES INC ADDRESS 2505 DAIRYMPLE STREET CITYST SANFORD, NC 273300000 ACRES 33.50595 Download Results: SoilsPolyaon 0395; Acres 0.90 5.31 6.86 0.02 10.60 3.42 6.40 http://gistools.hamett.org/giswebsiteutils/SoilsOverlay.aspx?PID=039588 0003 01 7/22/2009