20050345 Ver 1_401 Application_20050222

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February 14, 2005
TO: Mrs. Cyndi Karoly
Division of Water Quality
1650 Mail Service Center
Raleigh, NC 27699
ar~~~oe~~
FEB 2 2 2005
RE: 401 Water Quality Certification Application for Mr. Harvey Al1en~ENR -WATER QUALITY
Cape Fear Crossing Subdivision, Vander, Cumberland County!~osANOSroRMw~T~RSRANCH
Dear Cyndi:
Enclosed is a 401 Water Quality Certification application for your review. This
application is submitted on behalf of Harvey Allen for a tract located on the corner of Bladen
Circle and Clinton Road in Cumberland County, NC. The applicant proposes to fill
approximately 20,473 ft2 of 404 wetlands and 70 linear feet of stream for the purpose of
providing access and utilities to the Cape Fear Crossing Subdivision. Although Mr. Allen has
attempted to minimize wetland impacts through careful site design, the location of the wetlands,
local setbacks, and access to the site have resulted in proposed wetland impacts of 0.47 acre.
The Pre-Construction Notification form, associated maps, and site plan are enclosed for
your review. I have also sent the $200 application fee. Please contact me if you have any
questions. Thank you for your assistance with this project.
Sincerely,
'tom/-~--~ /L- - ~i= •~--1 ~.--~
Wes Fryar
Wetland Technician
Encl.
C: Mr. Harvey Allen
Mr. Ken Averitte

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TO W~iOM 1T MAY' CONCERTI':
.Nave, tine uigr~ed, hex+cb~r airthari~e Land Maaagemem~ Cxau~, ~c. to act as our aunt is ~
prepazatian aad t~epx+ese~ntation of information r+elatod to the per,apat applit~tion fug xhe Cep Fear
C,r4ssiung site located ort the co~tzer of Bla~4 Circle end 41~mtcm hoed in Ctmabe~and Coin',
NC. All gwd~ans in r+agards ~v tluis pa~aject slwultl be diret.Ytetl to Z,aud T~ Cronp, Inc.
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Office Use Only: ,~ ~ x+2002
USAGE Action ID No. 200500246 DWQ No. 77
(If any particular item is not applicable to this project, please enter "Not Applicable" or "N/A".)
I. Processing
1. Check all of the approval(s) requested for this project:
® Section 404 Permit ^ Riparian or Watershed Buffer Rules
^ Section 10 Permit ^ Isolated Wetland Permit from DWQ
® 401 Water Quality Certification
2. Nationwide, Regional or General Permit Number(s) Requested: NWP 39
3. If this notification is solely a courtesy copy because written approval for the 401 Certification
is not required, check here: ^
4. If payment into the North Carolina Wetlands Restoration Program (NCWRP) is proposed for
mitigation of impacts (verify availability with NCWRP prior to submittal of PCN), complete
section VIII and check here: ^
If your project is located in any of North Carolina's twenty coastal counties (listed on page
4), and the project is within a North Carolina Division of Coastal Management Area of
Environmental Concern (see the top of page 2 for further details), check here: ^
II. Applicant Information
1. Owner/Applicant Information
Name: Mr. Harvey Allen
Mailing Address: 136 D Bow St.
Fayetteville, NC 28451
Telephone Number: [phone] Fax Number: [phone]
E-mail Address:
2. Agent/Consultant Information (A signed and dated copy of the Agent Authorization letter
must be attached if the Agent has signatory authority for the owner/applicant.)
Name: Mr. Wes Fryar
Company Affiliation: Land Management Group, Inc.
Mailing Address: P.O. Box 2522
Wilmington, NC 28402
Telephone Number: [phone] Fax Number: (9 1 01 452-0060
E-mail Address: wfr~(c~r~lmgroup.net
Page 5 of 12

III. Project Information
Attach a vicinity map clearly showing the location of the property with respect to local
landmarks such as towns, rivers, and roads. Also provide a detailed site plan showing property
boundaries and development plans in relation to surrounding properties. Both the vicinity map
and site plan must include a scale and north arrow. The specific footprints of all buildings,
impervious surfaces, or other facilities must be included. If possible, the maps and plans should
include the appropriate USGS Topographic Quad Map and NRCS Soil Survey with the property
boundaries outlined. Plan drawings, or other maps may be included at the applicant's discretion,
so long as the property is clearly defined. For administrative and distribution purposes, the
USACE requires information to be submitted on sheets no larger than 11 by 17-inch format;
however, DWQ may accept paperwork of any size. DWQ prefers full-size construction
drawings rather than a sequential sheet version of the full-size plans. If full-size plans are
reduced to a small scale such that the final version is illegible, the applicant will be informed that
the project has been placed on hold until decipherable maps are provided.
1. Name of project: Cape Fear Crossing-
2. T.I.P. Project Number or State Project Number (NCDOT Only):
3. Property Identification Number (Tax PIN): 0466-46-5692
4. Location
County: Cumberland Nearest Town: Vander
Subdivision name (include phase/lot number): Cape Fear Crossing
Directions to site (include road numbers, landmarks, etc.): Take NC 87 North towards
Fayetteville Exit onto I-95 (airport exitZand travel 3 miles. Take exit 49 (NC 210 East).
Take a left on Judson Church Rd and travel 2 miles. Take a right on Sunnyside Rd.
Sunnyside will merge with Clinton Rd. Site <1 mile on right.
5. Site coordinates, if available (LTTM or Lat/Long): 35.03216 N, 78.78499 W
(Note - If project is linear, such as a road or utility line, attach a sheet that separately lists the
coordinates for each crossing of a distinct waterbody.)
6. Property size (acres): 40 acres
7. Nearest body of water (stream/river/sound/ocean/lake): Unnamed tributary of Pasture
Branch Swamp.
8. River Basin: Cape Fear River Basin
(Note -this must be one of North Carolina's seventeen designated major river basins. The
River Basin map is available at http://h2o.enr.state.nc.us/admin/mapsf.)
9. Describe the existing conditions on the site and general land use in the vicinity of the project
at the time of this application: This site is undeveloped. Some portions have been used for
agriculture Adjacent land use is undeveloped agricultural or residential.
Page 6 of 12

10. Describe the overall project in detail, including the type of equipment to be used:
The applicant proposes to impact approximately 0.47 acres of wetlands and 70 LF of stream
in order to construct 91 residential lots on the tract. Three different areas will be impacted in
order to complete the construction. Impact #1 is 0.23 acre of 404 wetlands and 70 if of
stream and is needed for a utility and road crossing. Impact #2 is 0.03 acre of wetlands and is
needed for a utility crossing. Impact #3 is 0.21 acres of wetlands and will be needed for a
utility and road crossing. Fill material will be placed within these wetland areas (see attached
survey). Additional material may be trucked in if needed. A track hoe and bulldozer will be
used to level fill material. A culvert will be installed at the stream crossing. Silt fences will
be used to reduce erosion into adjacent wetlands.
11. Explain the purpose of the proposed work: To provide access and utilities for the Cape Fear
Crossing Subdivision.
IV. Prior Project History
If jurisdictional determinations and/or permits have been requested and/or obtained for this
project (including all prior phases of the same subdivision) in the past, please explain. Include
the USACE Action ID Number, DWQ Project Number, application date, and date permits and
certifications were issued or withdrawn. Provide photocopies of previously issued permits,
certifications or other useful information. Describe previously approved wetland, stream and
buffer impacts, along with associated mitigation (where applicable). If this is a NCDOT project,
list and describe permits issued for prior segments of the same T.I.P. project, along with
construction schedules.
404 wetlands were delineated on site by Land Management Group, Inc. Ms. Lillette Granade of
the USACE confirmed the line on 12/10/04. The wetland survey has been sent to Ms. Granade
for her approval and si nab
V. Future Project Plans
Are any future permit requests anticipated for this project? If so, describe the anticipated work,
and provide justification for the exclusion of this work from the current application.
No.
VI. Proposed Impacts to Waters of the United States/Waters of the State
It is the applicant's (or agent's) responsibility to determine, delineate and map all impacts to
wetlands, open water, and stream channels associated with the project. The applicant must also
provide justification for these impacts in Section VII below. All proposed impacts, permanent
and temporary, must be listed herein, and must be clearly identifiable on an accompanying site
plan. All wetlands and waters, and all streams (intermittent and perennial) must be shown on a
delineation map, whether or not impacts are proposed to these systems. Wetland and stream
evaluation and delineation forms should be included as appropriate. Photographs may be
Page 7 of 12

included at the applicant's discretion. If this proposed impact is strictly for wetland or stream
mitigation, list and describe the impact in Section VIII below. If additional space is needed for
listing or description, please attach a separate sheet.
1. Provide a written description of the proposed impacts:
The applicant Qroposes to impact approximately 0.47 acre of 404 wetlands and 701E of stream.
2. Individually list wetland impacts below:
Wetland Impact
Site Number
(indicate on ma)
Type of Impact* Area of
Impact
(acres) Located within
100-year Floodplain**
es/no) Distance to
Nearest Stream
(linear feet)
Type of Wetland***
1 Fill 0.23 no adjacent Forested wetland
2 Fill 0.03 no 100 Forested wetland
3 Fill 0.21 no 220 Forested Wetland

* List each impact separately and identify temporary impacts. Impacts include, but are not limited to: mechanized clearing, grading, fill,
excavation, flooding, ditching/drainage, etc. For dams, separately list impacts due to both structure and flooding.
** 100-Yeaz floodplains aze identified through the Federal Emergency Management Agency's (FEMA) Flood Insurance Rate Maps
(FIRM), or FEMA-approved local floodplain maps. Maps are available through the FEMA Map Service Center at 1-800-358-9616, or
online at htt~//www.fema.gov.
*** List a wetland type that best describes wetland to be impacted (e.g., freshwater/saltwater marsh, forested wetland, beaver pond,
Carolina Bay, bog, etc.) Indicate if wetland is isolated (determination of isolation to be made by USACE only).
List the total acreage (estimated) of all existing wetlands on the property: < 10 acres
Total area of wetland impact proposed: 0.47 acre
3. Individually list all intermittent and perennial stream impacts below:
Stream Impact
Site Number
(indicate on map)
Type of Impact* Length of
Impact
(linear feet)
Stream Name** Average Width
of Stream
Before Impact Perennial or
Intermittent?
(please specify)
1 FilUCulvert 70 Unnamed tributary to
Pastor Branch Swamp 2ft perennial

* List each impact separately and identify temporary impacts. Impacts include, but aze not limited to: culverts and associated rip-rap,
dams (separately list impacts due to both structure and flooding), relocation (include linear feet before and after, and net loss/gain),
stabilization activities (cement wall, rip-rap, crib wall, gabions, etc.), excavation, ditching/straightening, etc. If stream relocation is
proposed, plans and profiles showing the lineaz footprint for both the original and relocated streams must be included.
** Stream names can be found on USGS topographic maps. If a stream has no name, list as UT (unnamed tributary) to the nearest
downstream named stream into which it flows. USGS maps are available through the USGS at 1-800-358-9616, or online at
www.usQS.QOV. Several Internet sites also allow direct download and printing of USGS maps (e.g., w~r-w.tonozone.com,
www.mapquest.com, etc.).
Page 8 of 8

Cumulative impacts (linear distance in feet) to all streams on site: N/A
4. Individually list all open water impacts (including lakes, ponds, estuaries, sounds, Atlantic
Ocean and any other water of the U.S.) below: N/A No open water impacts
Open Water Impact

Site Number
(indicate on map)

Type of Impact* Area of

Impact
(acres)
Name of Waterbody
(if applicable) Type of Waterbody

(lake, pond, estuary, sound,
bay, ocean, etc.)

* List each impact separately and identify temporary impacts. Impacts include, but are not limited to: lilt, excavation, dredging,
flooding, drainage, bulkheads, etc.
5. Pond Creation N/A
If construction of a pond is proposed, associated wetland and stream impacts should be
included above in the wetland and stream impact sections. Also, the proposed pond should
be described here and illustrated on any maps included with this application.
Pond to be created in (check all that apply): ^ uplands ^ stream ^ wetlands
Describe the method of construction (e.g., dam/embankment, excavation, installation of
draw-down valve or spillway, etc.):
Proposed use or purpose of pond (e.g., livestock watering, irrigation, aesthetic, trout pond,
local stormwater requirement, etc.):
Size of watershed draining to pond: Expected pond surface area:
VII. Impact Justification (Avoidance and Minimization)
Specifically describe measures taken to avoid the proposed impacts. It may be useful to provide
information related to site constraints such as topography, building ordinances, accessibility, and
financial viability of the project. The applicant may attach drawings of alternative, lower-impact
site layouts, and explain why these design options were not feasible. Also discuss how impacts
were minimized once the desired site plan was developed. If applicable, discuss construction
techniques to be followed during construction to reduce impacts.
In the site design of this project wetland impacts were avoided and minimized to the maximum
extent practicable The applicant took great care in creating a site plan that fits within the uplands
of the tract However the location and extent of wetlands result in unavoidable impacts. Wetland
impacts are needed to provide access into the property (# 1). Also, because of a wetland finer
that runs up into the tract impacts are needed to provide access and utilities to the southern
section of the tract (#2 and #3)
Page 9 of 12

VIII. Mitigation
DWQ - In accordance with 15A NCAC 2H .0500, mitigation may be required by the NC
Division of Water Quality for projects involving greater than or equal to one acre of impacts to
freshwater wetlands or greater than or equal to 150 linear feet of total impacts to perennial
streams.
USAGE - In accordance with the Final Notice of Issuance and Modification of Nationwide
Permits, published in the Federal Register on March 9, 2000, mitigation will be required when
necessary to ensure that adverse effects to the aquatic environment are minimal. Factors
including size and type of proposed impact and function and relative value of the impacted
aquatic resource will be considered in determining acceptability of appropriate and practicable
mitigation as proposed. Examples of mitigation that may be appropriate and practicable include,
but are not limited to: reducing the size of the project; establishing and maintaining wetland
and/or upland vegetated buffers to protect open waters such as streams; and replacing losses of
aquatic resource functions and values by creating, restoring, enhancing, or preserving similar
functions and values, preferable in the same watershed.
If mitigation is required for this project, a copy of the mitigation plan must be attached in order
for USAGE or DWQ to consider the application complete for processing. Any application
lacking a required mitigation plan or NCWRP concurrence shall be placed on hold as
incomplete. An applicant may also choose to review the current guidelines for stream restoration
in DWQ's Draft Technical Guide for Stream Work in North Carolina, available at
http://h2 0. enr.state.nc.us/ncwetlands/strm~ide.html.
1. Provide a brief description of the proposed mitigation plan. The description should provide
as much information as possible, including, but not limited to: site location (attach directions
and/or map, if offsite), affected stream and river basin, type and amount (acreage/linear feet)
of mitigation proposed (restoration, enhancement, creation, or preservation), a plan view,
preservation mechanism (e.g., deed restrictions, conservation easement, etc.), and a
description of the current site conditions and proposed method of construction. Please attach
a separate sheet if more space is needed.
Because wetland impacts have been minimized to 0.47 acre of wetlands and 70 LF of stream,
no other mitigation is proposed.
2. Mitigation may also be made by payment into the North Carolina Wetlands Restoration
Program (NCWRP). Please note it is the applicant's responsibility to contact the NCWRP at
[phone] to determine availability and to request written approval of mitigation prior
to submittal of a PCN. For additional information regarding the application process for the
NCWRP, check the NCWRP website at http://h2o.enr.state.nc.us/wrp/index.htm. If use of
the NCWRP is proposed, please check the appropriate box on page three and provide the
following information:
Amount of stream mitigation requested (linear feet):.
Amount of buffer mitigation requested (square feet):
Page 10 of 12

Amount of Riparian wetland mitigation requested (acres):
Amount ofNon-riparian wetland mitigation requested (acres):
Amount of Coastal wetland mitigation requested (acres):
IX. Environmental Documentation (required by DWQ)
Does the project involve an expenditure of public (federal/state) funds or the use of public
(federal/state) land?
Yes ^ No
If yes, does the project require preparation of an environmental document pursuant to the
requirements of the National or North Carolina Environmental Policy Act (NEPA/SEPA)?
Note: If you are not sure whether a NEPA/SEPA document is required, call the SEPA
coordinator at [phone] to review current thresholds for environmental documentation.
Yes ^ No ^
If yes, has the document review been finalized by the State Clearinghouse? If so, please attach a
copy of the NEPA or SEPA final approval letter.
Yes ^ No ^
X. Proposed Impacts on Riparian and Watershed Buffers (required by DWQ) N/A
It is the applicant's (or agent's) responsibility to determine, delineate and map all impacts to
required state and local buffers associated with the project. The applicant must also provide
justification for these impacts in Section VII above. All proposed impacts must be listed herein,
and must be clearly identifiable on the accompanying site plan. All buffers must be shown on a
map, whether or not impacts are proposed to the buffers. Correspondence from the DWQ
Regional Office may be included as appropriate. Photographs may also be included at the
applicant's discretion.
Will the project impact protected riparian buffers identified within 15A NCAC 2B .0233
(Meuse), 15A NCAC 2B .0259 (Tar-Pamlico), 15A NCAC 2B .0250 (Randleman Rules and
Water Supply Buffer Requirements), or other (please identify )?
Yes ^ No ® If you answered "yes", provide the following information:
Identify the square feet and acreage of impact to each zone of the riparian buffers. If buffer
mitigation is required calculate the required amount of mitigation by applying the buffer
multipliers.
Zone* Impact
(s uare feet) Multiplier Required
Miti ation
1
2
Total
* Zone 1 extends out 30 feet perpendicular from near bank of channel; Gone z extends an
additiona120 feet from the edge of Zone 1.
Page 11 of 12

If buffer mitigation is required, please discuss what type of mitigation is proposed (i.e., Donation
of Property, Conservation Easement, Riparian Buffer Restoration /Enhancement, Preservation or
Payment into the Riparian Buffer Restoration Fund). Please attach all appropriate information as
identified within 15A NCAC 2B ,0242 or .0260.
N/A
XI. Stormwater (required by DWQ)
Describe impervious acreage (both existing and proposed) versus total acreage on the site.
Discuss stormwater controls proposed in order to protect surface waters and wetlands
downstream from the property.
There is no existing impervious cover within the property. Total proposed impervious cover will
consist of 91 homes with driveways, and roads, which will be approximately 9.1 acres, or 22% of
the total site. The applicant will install silt fencing around the construction area to reduce erosion
into wetland areas.
XII. Sewage Disposal (required by DWQ)
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.
The lots will tie into the local sewer system.
XIII. Violations (required by DWQ)
Is this site in violation of DWQ Wetland Rules (15A NCAC 2H .0500) or any Buffer Rules?
Yes ^ No
Is this anafter-the-fact permit application?
Yes ^ No
XIV. Other Circumstances (Optional):
It is the applicant's responsibility to submit the application sufficiently in advance of desired
construction dates to allow processing time for these permits. However, an applicant may
choose to list constraints associated with construction or sequencing that may impose limits on
work schedules (e.g., draw-down schedules for lakes, dates associated with Endangered and
Threatened Species, accessibility problems, or other issues outside of the applicant's control).
N/A

Date
Applicant/Agent's
(Agent's signature is valid only if an authorization letter from the applicant is provided.)
Page 12 of 12

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Map Source: DeLorme: North Carolina Atlas and Gazetteer., 2003 p. 74. SCALE 1" = 1 mile
Clinton Rd. Tract Land Management Group, /nc.
Harve Allen Pro a Environmental Consultants
y p ~ Wilmington, N.C. Site Location Map
Cumberland County, NC October 2004

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