20010471 Ver 1_COMPLETE FILE_20010402

of vV ATFR
`Ot 6 Michael
G. Ea ove nor
v? W -7r-
> William G. Ross, Jr., Secretary
0 Y Department of Environment and Natural Resources
Kerr T. Stevens
Division of Water Quality
May 16, 2001
Moore County
DWQ Project # 010471
APPROVAL of 401 Water Quality Certification and ADDITIONAL CONDITIONS
Jackie Speight
Post Office Box 1949
Pinehurst, NC 28370
Dear Mr. Speight:
You have our approval, in accordance with the attached conditions and those listed
below, to place fill material in 0.026 acres of wetlands for the purpose of constructing a road
crossing at Jackson Springs tract as described in your application dated April 2, 2001. After
reviewing your application, we have decided that this fill is covered by General Water Quality
Certification Number 3289. This certification allows you to use Nationwide Permit Number 14
when the Corps of Engineers issues it. 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 Water shed
regulations. This approval will expire when the accompanying 404 or CAMA permit
expires unless otherwise specified in the General Certification.
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 the property is sold, the new owner must be
given a copy of this Certification and approval letter and is thereby responsible for complying
with all conditions. 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.
1. Deed notifications or similar mechanisms shall be placed on all remaining jurisdictional
wetlands and streams to notify the state in order to assure compliance for future wetland
and/or water impact. These mechanisms shall be put in place within 30 days of the date
of this letter or the issuance of the 404 Permit (whichever is later).
2. Upon completion of the project, the applicant shall complete and return the enclosed
"Certification of Completion Form" to notify DWQ that all the work included in the 401
Certification has been completed. The responsible party shall complete the attached
form and return it to the 401/Wetlands Unit of the Division of Water Quality.
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.
Division of Water Quality 1650 Mail Service Center Raleigh, NC 27699-1650
Wetlands/401 Unit: [phone]
Fax: [phone]
OF W AT,-
Q Michael F. Easley
?O Gy Governor
r William G. Ross, Jr., Secretary
> .I
Department of Environment and Natural Resources
Kerr T. Stevens
Division of Water Quality
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-
9646.
Sincerely,
tev s
Attachment
cc: Corps of Engineers Wilmington Field Office
Fayetteville DWQ Regional Office
File copy
Central Files
Todd St. John
6M t m
ENA
Division of Water Quality 1650 Mail Service Center Raleigh, NC 27699-1650
Wetlands/401 Unit: [phone]
Fax: [phone]
MEMORANDUM
TO:
SUBJECT:
Facility Name
Project Number
Recvd From
Received Date
Project Type
John Dorney
Non-Discharge Branch
Regional Contact:
WQ Supervisor:
Date:
WETLAND STAFF REPORT AND RECOMMENDATIONS
Jackson Sppings Tract c/o Jackie Speight
01 04_ 1*?_
AOP
4/*01 Recvd By Region 4/24/2001
ro*d crossing
County Moore
County2
Region Fayetteville
Certificates Stream Stream Impacts (ft.)
Permit Wetland Zact and Wetland Stream Class Acres Feet
Type Type "Score Index Prim. Supp. Basin Req. Req.
F14 0TH OO Y O ?? 34 14-2-8 WsiI HQW 30,750. o.o3 F- F-7-114.55
F-1 101'01,,- It I
Mitigation Wetland
MitigationType Typo Acres Feet
Is Wetland Rating Sheet Attached? 0 Y 0 N
Did you request more info? 0 Y 0 N
Have Project Changes/Conditions Been Discussed With AppZ7U,
Is Mitigation required? 0 Y 0 N Recommendation: 0 /0 Issue/fond Deny
Provided by Region: Latitude (ddmmss) 35111100
Comments:
Longitude (ddmmss) 79/34/30
This is likely an intermittent stream, fed by a number of productive sandhill seeps. At the road
crossing location, there is no evidence of a defined channel. Upstream and downstream, there is
water at the surface. This flow apparently goes underground into the root mat in the area of the road
crossing. This is one of the narrower parts of the draim at the upper end. Advised the applicant that
deed restrictions or covenants would be requested (as a condition) advising future land owners that
no WL activities are to take place w/o appro rip ate permit. Also, the plans indicate a fairly broad road
crossing for a two-lane road. Apparently, this is proposed in order to maintain a more level roadway.
Approval should be continoent on the applicant's demonstration that a crossing this wide is actually
required, Access to this tract is limited by this stream. It is better to have one access road than 6 or 7
private crossings, which will not be required if the road is built,
cc: Regional Office
Central Office Page Number 1
Facility Name Jackson Springs Tract c/o Jackie Speight County Moore
Project Number 01 0471
Regional Contact:
Date:
Ken Averitte
5/9/2001
Comments (continued from page 1):
cc: Regional Office
Central Office Page Number 2
y MAY. 9.2001 8:15AM ENVIRONMENTAL MGM
N,CDENR
FAX TRANSMISSION
DENR
FAYETTEVILLE REGIONAL OFFICE
FAYETTEVILLE, NORTH- CAROLINA 28301 5043
VOICE: 910486-1541
F-sx: 910-486-0707
To:
Fax #:
Date: ,I'- f-0f
NO. 720 P. 1/2
Pages (including covmr).
From: .&A-2 1/o2/?T?
rPEW
Subject: a Q ??
COMMENTS: 74- 41O' 40_7?

01
?? CI/ V
/V I

CAM AY i 9.2E
Project Is
Cow?ty -
Warne of
Wetland Location
on pond or take
on petemnisl ftteatm
?ri intermittent stream
5
within interstream dwi
other
Soil selves
aminaatly organic - b=U4 muck
or peat
predominantly mineral - non-sandy
redowlnaatty No*
Bydraulie fadOn
.Z'Stecp topogtspby
ditched or cbmnalized
-_ total wetland vAdth 000 feet
Wetland type (elect one)'
Bottomland hardwood forest
_g:::?Readwster forest
Swamp forest
Wet ad
Pocosin
P.2/2
r /`r
Nesatest Road
acres Wet1aad Wi _ - ,
Adjoeent land ase
(within W ani>e upstream. upslope, or ratdius)
?foreaated/naturat vegatatioo ? Ye
agdcultum urbamisubwbaaZL-- %
impervious A rflne %
Dominant vegetation
(3)
Flooding and wetness
eeaaiperman+sratly to permwwntly
flooded or inundated
sewonmMy flooded or immdated
intermittady flooded or tanporary
surface water
no evidence of flooding or sutkee water
Pine savanna
_ Freshwater marsh
,,, :_ 8oa/fat
EpbemsrW wetland
Carolina Day
Other
*Add 1 point Win sensith?e watershed and >10/6 noapol nt disturbance within In [at upstream.
_u?slom•Qr -radius ,
PUBLIC WATER SUPPLY SECTION (Review 5/93)
DEM ID: 010471
Nationwide Permit Requested (Provide Nationwide Permit#):
AC'T'ION ID:
JOINT FORM FOR
Nationwide permits that require notification to the Corps of Engineers
Nationwide permits that require application for Section 401 Certification.
RALEIGH REGULATORY FIELD OFFICE
US ARMY CORPS OF ENGINEERS
69 DARLINGTON AVE.
PO BOX 1890
WILMINGTON, NC 28403
ATTN.: MR. ALAN DAVIS
TELEPHONE: [phone]
NC DEPARTMENT OF ENVIRONMENT AND
NATURAL RESOURCES
DIVISION OF WATER QUALITY j?. r z
ENVIRONMENTAL SCIENCES BRANCH '
7
(T1
4401 REEDY CREEK ROAD
RALEIGH, NC 27607 rr 1
ATTN: MR. JOHN DORNEY -? i
TELEPHONE: [phone]
ONE (1) COPY OF THIS COMPLETED APPLICATION SHOULD BE SENT TO THE CORPS OF ENGINEERS. SEVEN (7)
COPIES SHOULD BE SENT TO THE N.C. DIVISION OF ENVIRONMENTAL MANAGEMENT.
PLEASE PRINT.
1. Owners Name: Jackie Speight
2. Owners Address: Post Office Box 1949, Pinehurst, NC 28370
3. Owners Phone Numbed (Home): 910 215-0275 (Work)
4. If Applicable: Agent's Name or responsible corporate official, address, phone number:
5. Location of Work (MUST ATTACH MAP). County: Moore
Nearest Town or City: Village of Foxfire
Special Location (Include road numbers, landmarks, etc.): See Attachment
6. Name of Closest Stream/River: Jackson Creek
7. River Basin: Lumber River Basin
8. Is this project located in a watershed classified as Trout, SA, HQW, ORW, or WS II? Yes ( ] No X I
9. Have any Section 404 permits been previously requested for use on this property? Yes I I No I X I
If yes, explain.
10. Estimated total number of acres of waters of the U.S., including wetlands, located on project site: lac
11. Number of Acres of waters of the U.S., including wetlands, impacted by the proposed project:
Filled:
Drained:
Flooded:
Excavated:
1140 SF .026 ac
Total Impacted: 1140 SF .026 ac
12. Description of proposed work (Attach PLANS - 8 1/2" x 11" drawings only):
AND FILL SECTION FOR ROAD CROSSING
INSTALLATION OF'NF_W 41" RCP
13. Purpose of proposed work: ROAD CROSSINGSEWER COLLECTION SYSTEM
14. State reasons why the appliant believes that this acitivity must be carried out in wetlands. Also, note measures taken to
minimize wetlands impacts. THE PROPOSED ROAD CROSSING IS REQUIRED FOR ACCESS TO THE PROPERTY
15. You are required to contact the U.S. Fish and Wildlife Service (USFWS) and/or National Marine Fisheries Service (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. Have you done so? YES I I NO IX I
RESPONSE FROM THE USFWS AND/OR NMFS SHOULD BE FORWARDED TO CORPS.
16. You are required to contact the State Historic Preservation Officer (SHPO) regarding the presence of historic properties in
permit area which may be affected by the proosed project? Have you done so? YES ( I NO IX I
RESPONSE FROM THE SHPO SHOULD BE FORWARDED TO CORPS.
17. Additional information required by DEM:
A. Wetland delineation map showing all wetlands, streams, and lakes on the property.
B. If available, representative photograph of wetlands to be impacted by project
C. If delineation was performed by a consultant, include all data sheets relevant to the placement of the delineation line.
D. If a stormwater management plan is required for the this project, attach copy.
E. What is the use of surrounding property? FARMLAND RESIDENTIAL
F. If applicable, what Is proposed method of sewage disposal? SEPTIC TANK
is ienature
/190.r, S o'10o I
Date
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-PUBLIC WATER SUPPLY SECTION (Review 5/93)
DEM ID: 010471 ACTION ID:
Nationwide Permit Requested (Provide Nationwide Permit#):
JOINT FORM FOR
Nationwide permits that require notification to the Corps of Engineers
Nationwide permits that require application for Section 401 Certification.
RALEIGH REGULATORY FIELD OFFICE NC DEPARTMENT OF ENVIRONMENT AND
r}, ?=
US ARMY CORPS OF ENGINEERS NATURAL RESOURCES (

69 DARLINGTON AVE. DIVISION OF WATER QUALITY r1
?-
PO BOX 1890 ENVIRONMENTAL SCIENCES BRANCH
WILMINGTON, NC 28403 4401 REEDY CREEK ROAD
ATTN.: MR. ALAN DAVIS RALEIGH, NC 27607
TELEPHONE: [phone] ATTN: MR. JOHN DORNEY
TELEPHONE: [phone]
ONE (1) COPY OF THIS COMPLETED APPLICATION SHOULD BE SENT TO THE CORPS OF ENGINEERS. SEVEN (7)
COPIES SHOULD BE SENT TO THE N.C. DIVISION OF ENVIRONMENTAL MANAGEMENT.
PLEASE PRINT.
1. Owners Name: Jackie Spelght
2. Owners Address: Post Office Box 1949, Pinehurst, NC 28370
3. Owners Phone Number Home): 910 215-0275 (Work)
4. If Applicable: Agent's Name or responsible corporate official, address, phone number:
5. Location of Work (MUST ATTACH MAP). County:
Nearest Town or City: Village of Foxftre
Special Location (Include road numbers, landmarks, etc.)
Moore
See Attachment
6. Name of Closest Stream/River: Jackson Creek
7. River Basin: Lumber River Basin
8. Is this project located in a watershed classified as Trout, SA, HQW, ORW, or WS II? Yes I I No I X I
9. Have any Section 404 permits been previously requested for use on this property? Yes I I No I X I
If yes, explain.
10. Estimated total number of acres of waters of the U.S., including wetlands, located on project site: lac
11. Number of Acres of waters of the U.S., including wetlands, impacted by the proposed project:
Filled:
Drained:
Flooded:
1140 SF .026 ac
Extavated:
Total Impacted: 1140 SF .026 ac
12. Description of proposed work (Attach PLANS - 8 1/2" x 1 I" drawings only):
AND FILL SECTION FOR ROAD CROSSING
INSTALLATION OF NEW 42" RCP
13. Purpose of proposed work: ROAD CROSSINGSEWER COLLECTION SYSTEM
14. State reasons why the appliant believes that this acitivity must be carried out in wetlands. Also, note measures taken to
minimize wetlands impacts. THE PROPOSED ROAD CROSSING IS REQUIRED FOR ACCESS TO THE PROPERTY
15. You are required to contact the U.S. Fish and Wildlife Service (USFWS) and/or National Marine Fisheries Service (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. Have you done so? YES I I NO IX I
RESPONSE FROM THE USFWS AND/OR NMFS SHOULD BE FORWARDED TO CORPS.
16. You are required to contact the State Historic Preservation Officer (SHPO) regarding the presence of historic properties in
permit area which may be affected by the proosed project? Have you done so? YES I I NO IX I
RESPONSE FROM THE SHPO SHOULD BE FORWARDED TO CORPS.
17. Additional information required by DEM:
A. Wetland delineation map showing all wetlands, streams, and lakes on the property.
B. If available, representative photograph of wetlands to be impacted by project
C. If delineation was performed by a consultant, include all data sheets relevant to the placement of the delineation line.
D. If a stormwater management plan is required for the this project, attach copy.
E. What is the use of surrounding property? FARMLAND RESIDENTIAL
F. If applicable, what is proposed method of sewage disposal? SEPTIC TANK
ature
ftr. S doo I
Date
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PUBLIC WATER S? ? L?Y S 7T?ION (Review 5/93)
DEM ID
Nationwide Permit Requested (Provide Nationwide Permit#):
JOINT FORM FOR
Nationwide permits that require notification to the Corps of Engineers
Nationwide permits that require application for Section 401 Certification.
RALEIGH REGULATORY FIELD OFFICE
US ARMY CORPS OF ENGINEERS
69 DARLINGTON AVE.
PO BOX 1890
WILMINGTON, NC 28403
ATTN.: MR. ALAN DAVIS
TELEPHONE: [phone]

ACTION ID:
-v
NC DEPARTMENT OF ENVIRONMENT AND r7.1
NATURAL RESOURCES r" _I
DIVISION OF WATER QUALITY - = rn
ENVIRONMENTAL SCIENCES BRANCH
4401 REEDY CREEK ROAD
RALEIGH, NC 27607
ATTN: MR. JOHN DORNEY
TELEPHONE: [phone]
ONE (1) COPY OF THIS COMPLETED APPLICATION SHOULD BE SENT TO THE CORPS OF ENGINEERS. SEVEN (7)
COPIES SHOULD BE SENT TO THE N.C. DIVISION OF ENVIRONMENTAL MANAGEMENT.
PLEASE PRINT.
1. Owners Name: Jackie Speight
2. Owners Address: Post Q©7ce Box 1949, Pinehurst, NC 28370
3. Owners Phone Number ( ome): 910 215-0275
4. If Applicable: Agent's Name or responsible corporate official, address, phone number:
5. Location of Work (MUST ATTACH MAP). County: Moore
Nearest Town or City: Village of Foxfire
Special Location (Include road numbers, landmarks, etc.): See Attachment
6. Name of Closest Stream fiver: Jackson Creek
7. River Basin: Lumber River Basin
8. Is this project located in a watershed classified as Trout, SA, HQW, ORW, or WS II? Yes ] No X
9. Have any Section 404 permits been previously requested for use on this property? Yes I ) No I X I
If yes, explain.
10. Estimated total number of acres of waters of the U.S., including wetlands, located on project site: lac
11. Number of Acres of waters of the U.S., including wetlands, impacted by the proposed project:
Filled:
Drained:
Flooded:
Excavated:
1140 SF .026 ac
Tot*1 Impacted: 1140 SF .026 ac

12. Description of proposed work (Attach PLANS - 8 1/2" x 11" drawings only): INSTALLATION OF NEW 42" RCP
AND FILL SECTION FOR ROAD CROSSING
13. Purpose of proposed work: ROAD CROSSINGSEWF.R COLLECTION SYSTEM
14. State reasons why the appliant believes that this acitivity must be carried out in wetlands. Also, note measures taken to
minimize wetlands impacts. THE PROPOSED ROAD CROSSING IS REQUIRED FOR ACCESS TO THE PROPERTY
15. You are required to contact the U.S. Fish and Wildlife Service (USFWS) and/or National Marine Fisheries Service (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. Have you done so? YES ) NO IX
RESPONSE FROM THE USFWS AND/OR NMFS SHOULD BE FORWARDED TO CORPS.
16. You are required to contact the State Historic Preservation Officer (SHPO) regarding the presence of historic properties in
permit area which may be affected by the proosed project? Have you done so? YES ) NO IX
RESPONSE FROM THE SHPO SHOULD BE FORWARDED TO CORPS.
17. Additional information required by DEM:
A. Wetland delineation map showing all wetlands, streams, and lakes on the property.
B. If available, representative photograph of wetlands to be impacted by project
C. If delineation was performed by a consultant, include all data sheets relevant to the placement of the delineation line.
D. If a stormwater management plan is required for the this project, attach copy.
E. What is the use of surrounding property? FARMLAND RESIDENTIAL
F. If applicable, what is proposed method of sewage disposal? SEPTIC TANK
is Sienature
? Mo.r, S aoo I
Date
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John & Cyndi:
Some of these might have already gone through, but here are my comments:
Proieots with Comments:
0102$5 (DOT, Alexander Co.) -the project is in WS-II. DOT must follow their document "BMPs for
the Protection of Surface Waters"
000894 (DOT, Lincoln Co.) -the project is in WS-Il. DOT must follow their document "BMPs for the
Protection of Surface Waters"
?????? (no number assigned, L. Russell Bennett of Carolina Foxglove LLC, Jackson Co.) - the
project is in WS-III. If this road is a private road, then it will need to go through the variance
process with Jackson Co. Planning Dept If it is a public road, road crossings are allowed if no
practical alternative exists. Plus BUA must be minimized, stormwater diverted away from surface
waters, and DOT must follow their document "BMPs for the Protection of Surface Waters."
01041 (Jackie Speight Moore Co.) -the project is within WS-II HQW. The Foxfre Village
Planfing Dept. must review for variance process if it's a private rd.
010559 (Spangler Environmental, Wake Co.) - -40% of the project is within the WS-III Lake
Benson balance of watershed. If this road is a private road, then it will need to go through the
w variance process with the Gamer Planning Dept. If it is a public road, road crossings are allowed if
no tactical alternative exists. Plus BUA must be minimized, stormwater diverted away from
surf e waters, and DOT must follow their document "BMPs for the Protection of Surface Waters."
010'62 (DOT, Madison Co.) - the project is within WS-II. DOT must minimize BUA, divert
sto water away from surface waters, and follow their document "BMPs for the Protection of
Surf ice Waters."
010 74 (S&EC, Inc., Franklin Co.) - the project is within WS-II. If this road is a private road, then it
will treed to go through the variance process with the Youngsville Planning Dept. If it is a public
road, road crossings are al!owed if no practical alternative exists. Plus BUA must be minimized,
stormwater diverted away from surface waters, and DOT must follow their document "BMPs for the
Protbction of Surface Waters."
010502 (Allen Smith, Durham Co.) - the project is within WS-IV. If the project doesn't need a
sedimentation and erosion control plan, then state WSWP rules do not apply; however, the local
WSWP program may be more protective. Consult with Durham Planning Dept.
010518 (John Corey, Pitt Co.) - lack of sufficient site map; questionable if within WS-IV. If the
projpct doesn't need a sedimentation and erosion control plan, then state WSWP rules do not
apply; however, the local WSWP program may be more protective. Consult with Pitt Co. or
Greenville Planning Dept
010496 (S&EC, Inc., Durham Co.) - the project is within Falls Lake WS-IV. If the project doesn't
need a sedimentation and erosion control plan, then state WSWP rules do not apply; however, the
local WSWP program may be more protective. Consult with Durham Planning Dept. If applies,
the the crossings are public projects, then its allowed with min of BUA, divert stormwater, BMPs
used.
010498 (Bridgewater Co., Iredell Co.) - tie project is within WS-IV-CA of Lake Norman. If the
project doesn't need a sedimentation and erosion control plan, then state WSWP rules do not
apply; however, the local WSWP program may be more protective. Consult with local Planning
De t. Also, do Catawba Temp Rules apply?
010539 (DOT, Clay Co.) - the project is within WS-IV and a SEC plan is required. Therefore, a
public project crossing is allowed if no practical altemative exists. BUA must be minimized,
stormwater diverted, and DOT BMP document followed.
010547 (Griffin Contractors, Avery Co.) - no map, but the project is potentially within HQW and Tr
and maybe even WS-IV.
010659 (DOT, Jackson Co.) - the project is within WS-III, ORW, and Tr. Crossings allowed if no
practical alternative exists. BUA must be minimized, stormwater diverted, and DOT BMP
document followed.
010554 (DOT, Durham Co.) - the project is partially within WS-III and partially within WS-III-CA.
The CA must be avoided. If not, show avoidance and minimization. BUA must be minimized,
stormwater diverted, and DOT BMP document followed.
010552 (David Duncan, Buncombe Co.) - Gap Creek is C Tr. No WSWP comment, but the design
shows no structural benefit to the applicant and impacts to troutwaters.
Proiects Reviewed, No Comments. Not in WS:
010570 - Town of Winfall, Perquimans Co.
010501 - Winston Salem, Forsyth Co.
010503 - DOT, Yancey Co.
010506 - M/I Schottenstein Homes, Orange Co.
010540 - AG Industries, Rutherford CO.
010576 - Wetland and Natural Resource COnsultants, Catawba Co.
010551 - NRCS, Halifax CO.
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