20030842 Ver 1_COMPLETE FILE_20030707

O?0F W AT ?RQG
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7
CERTIFIED MAIL: RETURN RECEIPT REQUESTED
Mr. Tom Prewitt
2126 Cypress Lakes Road
Hope Mills, NC, 28348
Dear Mr. Prewitt:
Michael F. Easley, Governor
William G. Ross Jr., Secretary
North Carolina Department of Environment and Natural Resources
Alan W. Klimek, P.E., Director
Division of Water Quality
Coleen H. Sullins, Deputy Director
Division of Water Quality
August 8, 2003
Cumberland County
DWQ Project No. 03-0842
On July 7, 2003, the NC Division of Water Quality (the Division) received your application for a General 401 Water Quality
Certification to impact 0.48 acre of wetlands in order to construct the proposed Birchwood Farms subdivision in Cumberland County.
We have been informed that the U.S. Army Corps of Engineers has determined that this project does not quality for a Nationwide
Permit, and will therefore not qualify for a General 401 Water Quality Certification; rather, an Individual 404 Permit and Individual 401
Water Quality Certification will be required. As such, in accordance with 15A NCAC 2H .0503(a) your application for a 401 Certification
will not be complete until the Corps' Public Notice has been received by the Division. Furthermore, our records show that previous
impacts including 0.5 acre of wetlands and 107 linear feet of streams were approved for this project on February 5, 2002 (DWQ Project
No. 02-0117). Please provide a full accounting of all prior and currently proposed impacts associated with this project so that we may
determine mitigation requirements. You should note that if perennial stream impacts associated with this project exceed 150 linear feet,
or if wetland impacts exceed one acre, compensatory mitigation will be required in accordance with 15A NCAC 2H .0506(h). You would
then have the following options for satisfying the mitigation requirement associated with this project:
1. Payment into the North Carolina Wetland Restoration Program (WRP), if the WRP will accept the responsibility for conducting this
mitigation work, or
2. Preparing and implementing a stream mitigation plan with a minimum of a 1:1 restoration component for 632 feet of impacts.
If you decide to propose use of the Wetland Restoration Program in lieu of developing your own stream mitigation plan, you
will need to contact Mr. Ron Ferrell with the WRP at [phone] to see if they will accept the project. You should note that
mitigation requirements proposed to be mitigated through the Wetland Restoration Program must be rounded to the nearest
linear foot increment according to 15 2r.0503(b).
Please also provide a description of the impervious acreage (both existing and proposed) versus the total acreage on the site (i.e.
percent impervious surface area) so that we may determine if a stormwater management plan will be needed for the development. You
should note that if the impervious surface area exceeds 30%, you will need to provide plans for a wet pond or similar device which is
designed to achieve 85% Total Suspended Solids (TSS) removal;
Until the information requested in this letter is provided, I will request (by copy of this letter) that the Corps of Engineers place this
project on hold. Also, this project will be placed on hold for our processing due to incomplete information (15A NCAC 2H .0507(h)).
Thank you for your attention. If you have any questions, please contact Ken Averitte in the DWQ Fayetteville Regional Office at
910-486-1541 or Cyndi Karoly in Raleigh at [phone]. Questions regarding stormwater requirements should be directed to Todd
St. John in Raleigh at [phone].
Sincerely,
C 4 1?1
John Dorney
cc: Corps of Engineers Wilmington Regulatory Field Office
Fayetteville DWQ Regional Office
Ron Ferrell, WRP
File Copy
Central Files
030842
N. C. Division of Water Quality, 401 Wetlands Certification Unit,
1650 Mail Service Center, Raleigh, NC 27699-1650 (Mailing Address)
2321 Crabtree Blvd., Raleigh, NC 27604-2260 (Location)
[phone] (phone), 919-733-6893 (fax), (htto://h2o.enr.state.nc.us/ncwetlands)
Customer Service #: 1-877-623-6748
Re: FRO Tracking notice, 8/7/03
Subject: Re: FRO Tracking notice, 8/7/03
Date: Fri, 08 Aug 2003 09:36:29 -0400
From: Ken Averitte <[e-mail]>
Organization: Division of Water Quality
To: Cyndi Karoly <[e-mail]>
Cyndi,
the Corps has sent these these guys a letter telling them that they don't
qualify for a NWP. They have old impacts totalling 1.35 ac. and want this
.48 ac in addition. You or John should be getting a copy of this letter.
If you don't get one, let me know and I'll fax it to you. Looks like this
would go on hold or maybe be returned?
Cyndi Karoly wrote:
> Hi Ken
> Below is this week's 401 Tracking Notice for the Fayetteville Regional
> Office. The Central Office has not received your recommendations for
> these projects as of August 7, 2003. If you have not received any
> application, please let me know and I will fax it to you. Please take
> note of the date received in the Central Office and the 60-day clock
> projection. If we do not have your comments by two weeks before the
> clock expires, we may have to prepare the 401 without incorporating your
> comments, in order to avoid waiving the 401. Two weeks from today, the
> application will be forwarded to the appropriate Central Office staff
> member (Cynthia) if we do not have Regional Office comments by then.
> The CO staff will then consult you if time allows and make a
> recommendation on the 401 to John Dorney.
> TRACKING:
> 401 Applications:
> DWQ No. Project County Permit Type Received Expires
> 03-0842 Birchwood Farms, Cumberland Co., NW14 7/7/03 914103
> Please use the staff recommendation sheet in Filemaker Pro, and then
> notify me that the report has been filed. My e-mail address is
> [e-mail] or you can call me at 919-733-9721.
> There are no tardy projects for FRO this week.
> Thanks very much for your attention.
1 of 1 818/03 12:35 PM
AI
Date:
Triage Check List
Project Name:
DWQ#: 03--0 Bgz-
County: C -v-,,??jeAa,/3
To: ? ARO Ze :Averit7te ?waRO
?3) ? WiRO
?O
MRO on ? WSRO
? RRO Steve Mitchell
Tom Steffens
Noelle Lutheran
Cyndi Karoly (Central Office)
From:- Tele hone : 9193
The ale attached is being forwarded to your. for your evaluation.
Please call if you need assistance.
? tream length impacted
tream determination Ct ? S ?r? J (.,J /w. U--,P cx" S ?
? Wetland determination and distance to blue-line surface waters on USFW topo maps
ation/avoidance issues
B er Rules (Meuse, Tar-Pamlico, Catawba, Randleman)
? Pond fill
? Mitigation Ratios
? Ditching .
? the stream and or wetland mitigation sites available and viable?
eck drawings for accuracy.
Is the application consistent with pre-application meetings?
Cumulative impact concern
Comments:
I
Office Use Only: Fonn version Februan, 2002
USACE Action ID No. DWQ No. 0 3 0 8 4 2
If any particular item is not applicable to this project, please enter "Not Applicable" or "TN/A" rather than
leaving the space blank. PA MEN T
1. Processing RECEIVED WLA??401 GROUT
JUL 0 7 2003
1. Chef all of the approval(s) requested for this project:
it?sl,r.c
2. Nationwide, Regional or General Permit Number(s) Requested: (?"an
`???
Section 404 Permit WATER QUf1?' ! T SECTION
? ction 10 Permit
401 Water Quality Certification
? Riparian or Watershed Buffer Rules
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 (NC)?W) is proposed for
mitigation of impacts (see section VIII -Mitigation), check here: [Er
II. Applicant Information
Mailing Address: ? ? ??• i--? t'?=`?s s ? ?`??`? i t??^??
1. Owner/Applicant Information
Name: -to', C 11,_7 .,-, , T t
Telephone Number: L't ? o q3,; Fax Number:
E-mail Address:
2. Agent 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:
Company Affiliation:
Mailing Address:
E-mail Address:
Telephone Number:
Fax Number:
Pagc_5 of 12
t
HL 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:
2. T.I.P. Project Number or State Project Number (NCDOT Only):
3. Property Identification Number (Tax PIN):
4. Location
County: C,(A rk ?7 ?. I'- L A N () Nearest Town ?_ ° k? dl1 «LS
Subdivision name (include phase/lot number): 6 Directions to site (include road numbers, landmarks, etc.):
4 4_ s\TT ACr1z 0 T'Y
5. Site coordinates, if available (UTM or Lat/Long):
(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. Describe the existing land use or condition of the site at the time of this application:
0? ,-i , t om ?t (? =?? 4 5 i? c t 1 c<
7. Property size (acres): 5 ! ? ` 1
8. Nearest body of water (stream/river/sound/ocean/lake): ? k " i ?, F tL/\, nr Ly ro 4 0
9. River Basin:
(Note - this must be one of North Carolina's seventeen designated major river basins. The
River Basin map is available at http://li2o.enr.state.nc.us/admin/mates/.)
Pap 6 of 12
in 41_.. -rat_
IV. "UM IWG IIIU PUIPVJG VI LIM PIVNVacu rvvlh. T- ???- ACC.O 11 v
11. List the type of equipment to be used to construct the project: T 2n`K+ ??? g LtLL00e-
12. Describe the land use in the vicinity of this project: !? z t (P
"-
C.1> L..- its S k-V, -, , T
W. 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.
LkS

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.
VI. Proposed Impacts to Waters of the United States/Witers 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
included at the applicant's discretion. If this proposed impact is strictly for wetland or stream
mitigation, list and describe the impact in Section AMI below. If additional space is needed for
listing or description, please attach a separate sheet.
Page 7 of 12
1. Provide a brief written description of the proposed impacts:
FkL-L- AccO -- ; IC-,\ -?-, (`='(1 /teAO (r?vSj «?s
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**
(yes/no) Distance to
Nearest Stream
(linear feet)
Type of Wetland***
1 cl-4- fti- hw ro(t4-szr0

• 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-Year floodplains are 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 FE MA Map Service Center at 1-800-358-9616, or
online at http://wxNw.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.)
List the total acreage (estimated) of all existing wetlands on the property: ` '70 -0 A(-r-41
Total area of wetland impact proposed: J, q?v
3. Individually list all intermittent and perennial stream impacts below:
Stream Impact
Site Number
(indicate on ma)
Type of Impact* Length of
Impact
(linear feet)
Stream Name** Average Width
of Stream
Before Impact Perennial or
Intermittent?
lease specify)

List each impact separately and identify temporary impacts. Impacts include, but are not limited to: culverts and associated rip-rap,
dams (separately list impacts due to both structure and flooding), relocation (include linear feet before and alter, 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 linear 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
doamstream named stream into which it flows. USGS maps are available through the USGS at 1-800-358-9616, or online at
www.usgs.gov. Several intemet sites also allow direct download and printing of USGS maps (e.g., wmw.topozonc.conr,
w'l'k'w'.mapgUcst.eonl, etc.).
Cumulative impacts (linear distance in feet) to all streams on site: i,,` A
Page 8 of 12
4. Individually list all open water impacts (including lakes, ponds, estuaries, sounds, Atlantic
Ocean and any other water of the U.S.) below:
Open Water Impact
Site Number
(indicate on ma)
TNIX of Impact* Area of
Impact
(acres)
Name Waterbody
(?f applicable) Type of Waterbody
(lake. pond, estuary. sound,
bav_ ocean, etc.)

List each impact separately and identirN- temporary impacts. Impacts include, but arc not limited to: fill, excavation, dredging,
flooding, drainage, bulkheads, etc.
5. Pond Creation
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.
5 IT`L t.?) ,J S 1eVAIriI( 11/1,41;;,1)5 r- i-C1yI? A=L?Sk T_- Tl-{1S V('?FC.il-Zi
VIII. Mitigation
DWQ - In accordance with 15A NCAC 2R .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.
Page 9 of 12
USACE - 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 USACE 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
ham://h2o.enr. state.ne.us/ncwetiands/stnngide_litml .
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.
2. Mitigation may also be made by payment into the North Carolina Wetlands Restoration
Program (NCWRP) with the NCWRP's written agreement. Check the box indicating that
you would like to pay into the NCWRP. Please note that payment into the NCWRP must be
reviewed and approved before it can be used to satisfy mitigation requirements. Applicants
will be notified early in the review process by the 401/Wetlands Unit if payment into the
NCWRP is available as an option. For additional information regarding the application
process for the NCWRP, check the NCWRP website at litt1);//li2o.enr.state.nc.its/m!rp/index.litm. 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):
Amount of Riparian wetland mitigation requested (acres):
Amount of Non-riparian wetland mitigation requested (acres):
Amount of Coastal wetland mitigation requested (acres):

Pape 10 of 12
IX. Environmental Documentation (DWQ Only)
Does the project involve an expenditure of public (federal/state) funds or the use of public
(federaVstate) 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 (DWQ Only)
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
v '
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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
(square feet) I Multiplier
I Required
Mitigation
1 3

Total
additional 20 feet from the edge of "Lone 1.
Page L 1 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.
XI. Stormwater (DWQ Only)
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.
XH. Sewage Disposal (DWQ Only)
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.
XIII. Violations (DWQ Only)
Is this site in violation of DWQ Wetland Rules (15A NCAC 2H .0500) or any Buffer Rules?
Yes ? No ?
Is this an after-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).

Applicant/Agent's Signature Date
(Agent's signature is valid only if an authorization letter from the applicant is provided.)
Page 12 of 12
BIRCHWOOD FARMS, INC./CYPRESS LAKES GOLF COURSE
N.C. DIVISION OF WATER QUALITY
Date Type Reference
06/29/200 Bill
PAYMENT
RECEIVED
BB&T OPER ACC
6/30/2003 2 3 5 7 0
Original Amt. Balance Due Discount Payment
200.00 200.00 200.00
Check Amount 200.00
M JUG o 7 zoo3
.gin ?? ? ?8004v "C"o
N
200.00

¦ Complete items 1, 2, and 3. Also complete
item 4 if Restricted Delivery is desired.
¦ Print your name and address on the reverse
so that we can return the card to you.
¦ Attach this card to the back of the mailpiece,
or on the front if space permits.
1. Article Addressed to:
Tom PreW'A+
HCJPC Mills,
Lca C 3 Pd
yvC Z83`1
D3-&? y,2
CUYr,
? Agent
? Addresse
Received by (Printed Name)
D. Is delivery address different from item 17 ? Yes
If YES, enter delivery address below: ? No
3. Service Type
Iff-C-ertified Mail ? Express Mail
? Registered O'FTetum Receipt for Merchandisi
? Insured Mail ? C.O.D.
4. Restricted Delivery? (Extra Fee) ? Yes
2. Article Number 7001 1140 0002 3 715 0 211
(Transfer from service label)
3S Form 3811, August 2001 Domestic Return Receipt 102595-02-M-154
UNITED STATES POSTAL SERVq, LC
q C
D,V) r/f n
• Sender: Please prinir,address, a dI
NC DENR Division of Water Quality
Wetlands/401 Certification Unit
2321 Crabtree Boulevard, Suite 250
Raleigh, NC 27604
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