20091096 Ver 1_More Info Received_20100211

NATIONWIDE PERMIT 39
DEPARTMENT OF THE ARMY
CORPS OF ENGINEERS
FINAL NOTICE OF ISSUANCE AND MODIFICATION OF NATIONWIDE PERMITS
FEDERAL REGISTER
AUTHORIZED MARCH 19, 2007
Commercial and Institutional Developments. Discharges of dredged or fill material
into non -tidal waters of the United States for the construction or expansion of commercial and
institutional building foundations and building pads and attendant features that are necessary for
the use and maintenance of the structures. Attendant features may include, but are not limited to,
roads, parking lots, garages, yards, utility lines, storm water management facilities, and
recreation facilities such as playgrounds and playing fields. Examples of commercial
developments include retail stores, industrial facilities, restaurants, business parks, and shopping
centers. Examples of institutional developments include schools, fire stations, government office
buildings, judicial buildings, public works buildings, libraries, hospitals, and places of worship.
The construction of new golf courses, new ski areas, or oil and gas wells is not authorized by this
NWP.
The discharge must not cause the loss of greater than 1/2 -acre of non -tidal waters of the
United States, including the loss of no more than 300 linear feet of stream bed, unless for
intermittent and ephemeral stream beds this 300 linear foot limit is waived in writing by the
district engineer. This NWP does not authorize discharges into non -tidal wetlands adjacent to
tidal waters.
Notification: The permittee must submit a pre -construction notification to the district
engineer prior to commencing the activity. (See general condition 27.) (Sections 10 and 404)

-t?)?o CJ
McGill
A S S O C I A T E S
February 8, 2010
Ms. Emily Hughs,
Wilmington Regulatory Field Office
US Army Corps of Engineers
69 Darlington Avenue
Wilmington, NC 28403
Ian McMillan
401 Oversight and Express Permits Unit
1650 Mail Service Center
Mail Service Center
Raleigh, NC 27699-1650
Dear Ms. Hughs and Mr. McMillan:
E?'23@now
F B 1 20110
DENR - WATER QUALITY
WETLANDS AND STORM IWATER BRANCH
Re: 404/401 Permit Modification
First Health Hospice and Palliative Care
Moore County, North Carolina
In regards to the First Health Hospice and Palliative Care project located in Moore
County, NC permit numbers DWQ Project # 09-1096 and Army Corps Action ID SAW-2008-
01456; McGill Associates would like to request a permit modification. The proposed permit
modification is being requested as a result of a change in the proposed stream crossing. The
selected contractor for the project is proposing the use of a 50 foot cored slab bridge span instead
of the proposed box culvert system. Please find attached the modified PCN form and cross-
section view of the proposed bridge crossing as requested by the Army Corps of Engineers.
The end result is anticipated to reduce the overall impact of the project area. By utilizing
the bridge span instead of the proposed culvert system, this project is expected to impact
approximately 25 feet of the UT of Nicks Creek and approximately 0.05 Acres of wetlands. The
resulting impacts will be due to the removal of the existing culvert / road crossing and the
construction of the footers for the proposed bridge crossing. McGill Associates, P.A. will also
work with the selected contractor and project owner in order to restore and stabilize the resulting
stream channel and floodplain with approved stream restoration techniques.
E n g i n e e r i n g P l a n n i n g F i n a n c e
McGill Associates, P.A. • 6 Regional Drive, Pinehurst, NC 28374
910-295-3159 • FAX.- 910-295-3647
Ms. Emily Hughs and
Mr. Ian McMillan
February 8, 2010
Page 2 of 2
We are looking forward to being able to proceed with this work. Please let me know if
you need any additional information regarding this permit modification. I can be reached at
phone number 828-328-2024 or email David.Richmond@mc ig llengineers.com. Thank you for
your attention to these applications.
Sincerely,
McGILL ASSOCIATES, P.
DAVID E. RICHMOND, P.E.
Project Manager
Enclosure
DER/war
F:\08.04040 GMK ASSOCIATES, INC. - Moore County Hospice\02_Design Phase\Documents\404_401
Permitting\Permit Modification Letter.doc
McGill Associates, P.A.
6 Regional Drive, Pinehurst, North Carolina 28374
910-295-3159 • FAX: [phone]
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Office Use Only:
Corps action ID no.
DWQ project no.
Form Version 1.3 Dec 10 2008
Pre-Construction Notification (PCN) Form
A. Applicant Information
1. Processing fianc6
1 a. Type(s) of approval sought from the
Corps: Section 404 Permit ? Section 10 Permit
1 b. Specify Nationwide Permit (NWP) number: 39 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):
0 401 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
1h. Is the project located within a NC DCM Area of Environmental Concern (AEC)? ? Yes No
2. Project Information
2a. Name of project: First Health Hospice and Palliative Care P,*P f•--=
2b. County: Moore County, NC
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2c. Nearest municipality / town: u
Pinehurst _ P
2d. Subdivision name: First Health of the Carolinas
2e. NCDOT only, T.I.P. or state
project no: DENR-WATER
N/A viEttANDSXNcVoRMWATERBRA.NCH
3. Owner Information
3a. Name(s) on Recorded Deed: First Health of the Carolinas
3b. Deed Book and Page No. Deed Book: 3351 Page #: 445
3c. Responsible Party (for LLC if
applicable):
3d. Street address: 155 Memorial Drive
3e. City, state, zip: Pinehurst, NC 28374
3f. Telephone no.: (910) 715 -1590
3g. Fax no.: (910) 715 - 1537
3h. Email address:
4. Applicant Information (if different from owner)
4a. Applicant is: ? Agent ? Other, specify: Consultant
4b. Name:
4c. Business name
(if applicable):
4d. Street address:
4e. City, state, zip:
4f. Telephone no.:
4g. Fax no.:
4h. Email address:
6. Agent/Consultant Information (if applicable)
5a. Name: Dave Richmond
5b. Business name
(if applicable): McGill Associates, P.A.
5c. Street address: 6 Regional Drive, Suite D
5d. City, state, zip: Pinehurst, NC 28374
5e. Telephone no.: 828 -328 -2024
5f. Fax no.: 828 -328 -3870
5g. Email address: [e-mail]
B. Project Information and Prior Project History
1. Property Identification
1a. Property identification no. (tax PIN or parcel ID): 856300683120
Latitude: 35.2284 Longitude: - 79.4483
1 b. Site coordinates (in decimal degrees): (DD.DDDDDD) (-DD.DDDDDD)
1 c. Property size: 35.21 acres
2. Surface Waters
2a. Name of nearest body of water (stream, river, etc.) to Unnamed Tributary of Nicks Creek
proposed project:
2b. Water Quality Classification of nearest receiving water: WS - III
2c. River basin: Cape Fear
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:
Currently a double lane road passes over Nick's creek utilizing 2 - 24" corrugated metal pipes (CMP). Currently the site
is used as a mobile home park.
3b. List the total estimated acreage of all existing wetlands on the property:
10.70 Acres
3c. List the total estimated linear feet of all existing streams (intermittent and perennial) on the property:
2562 Feet
3d. Explain the purpose of the proposed project:
In order to gain viable access to the Hospice Center, the access road into the complex needs to be upgraded by raising
the road deck elevation one (1) foot above the 100 - year flood elevation. The road deck will also be widened to
accommodate the higher flow of traffic in and out of the Hospice Center.
3e. Describe the overall project in detail, including the type of equipment to be used: Permit Modification
Currently, two 24 - inch and one 12 - inch CMP culverts pass water underneath the existing road deck. These culverts
will be replaced by a 50 foot bridge. The proposed bridge will remove a majority of the existing fill and recreate the stream
channel and associate flood plain while allowing the 100 - year flood event to safely pass underneath the road deck.
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.
Comments:
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:
Name (if known): Other:
4d. If yes, list the dates of the Corps jurisdictional determinations or State determinations and attach documentation.
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.
McGill Associates is requesting a permit modification for the proposed stream crossing. A bridge span will be utilized to
cross the UT of Nick Creek and therefore the stream impacts should be minimal. A request for a refund to the EEP will
be made since compensatory mitigation should no longer be required.
6. Future Project Plans
6a. Is this a phased project? ? Yes No
6b. If yes, explain.
C. Proposed Impacts Inventory
1. Impacts Summary
1 a. Which sections were completed below for your project (check all that apply):
0 Wetlands 0 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 impact Type of wetland Forested (Corps - 404, 10 Area of impact
Permanent (P) or (if known) DWQ - non-404, other) (acres)
Temporary T
W1 M P ? T Removal of Yes Corps 0.05
Existing Fill ? No ? DWQ
W2 ? P ? T ? Yes ? Corps
? No ? DWQ
W3 ? P ? T ? Yes ? Corps
? No ? DWQ
W4 ? P ? T ? Yes ? Corps
? No ? DWQ
W5 ? P ? T ? Yes ? Corps
? No ? DWQ
W6 ? P ? T ? Yes ? Corps
? No ? DWQ
2g. Total wetland impacts 0.05
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. 3g•
Stream impact Type of impact Stream name Perennial Type of jurisdiction Average Impact
number - (PER) or (Corps - 404, 10 stream length
Permanent (P) or intermittent DWQ - non-404, width (linear
Temporary (T) (INT)? other) (feet) feet)

S1 M P ? T Removal of
Exiting Culvert UT1 to Nicks M PER Corps
5
25
Crossing Creek ?INT ?DWQ
S2 ? P ? T ? PER ? Corps
? INT ? DWQ
S3 ? P ? T ? PER ? Corps
? INT ? DWQ
S4 ? P ? T ? PER ? Corps
? INT ? DWQ
S5 ? P ? T ? PER ? Corps
? INT ? DWQ
S6 ? P ? T ? PER ? Corps
? INT ? DWQ
3h. Total stream and tributary impacts 25
3i. Comments:
4. Open Water Impacts: N/A
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 open water impacts below.
4a. 4b. 4c. 4d. 4e.
Open water Name of waterbody
impact number - (if applicable) Type of impact Waterbody type Area of impact (acres)
Permanent (P) or
Temporary T
01 ?P?T
02 ?P?T
03 ?P?T
04 ?P?T
0. Total open water impacts
4g. Comments:
5. Pond or Lake Construction: N/A
If and or lake construction proposed, then complete the chart below.
5a. 5b. 5c. 5d. 5e.
Wetland Impacts (acres) Stream Impacts (feet) Upland
Pond ID Proposed use or purpose (acres)
number 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 you MUST fill out Section D of this form.
6a.
? Neuse ? Tar-Pamlico ? Other:
Project is in which protected basin? ? Catawba ? Randleman
6b. 6c. 6d. 6e. 6f. 6g.
Buffer impact
number - Reason Buffer Zone 1 impact Zone 2 impact
Permanent (P) or for Stream name mitigation (square feet) (square feet)
Temporary T impact required?
B1 ?P?T ?Yes
? No
B2 ?P?T ?Yes
? No
B3 ?P?T ?Yes
? No
6h. Total buffer impacts
6i. Comments:
D. Impact Justification and Mitigation
1. Avoidance and Minimization
1a. Specifically describe measures taken to avoid or minimize the proposed impacts in designing project.
The existing driveway off of Camp Ground Road is the only access point to the proposed First Health Hospice site. While
utilizing the existing road, we can minimize the impact to the surrounding wetlands and stream by expanding the current
drive to meet the Hospice's needs.
1 b. Specifically describe measures taken to avoid or minimize the proposed impacts through construction techniques.
All work will be performed from the existing road bed in order to expand the proposed entrances drive width from 20 to 37
- feet along with the removal the existing CMP culverts and installation the Con-Span culvert. Silt fence will be installed
at the toe of the slope in order to minimize any soil runoff from occurring into the stream or wetland areas. All areas will
be re-vegetated once construction is complete with native riparian vegetation.
2. Compensatory Mitigation for Impacts to Waters of the U.S. or Waters of the State: N/A
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

pro
project? ? Mitigation bank

El Payment to in-lieu fee program

? Permittee Responsible Mitigation
3. Complete if Using a Mitigation Bank: N/A
3a. Name of Mitigation Bank:
3b. Credits Purchased (attach receipt and letter) Type Quantity
3c. Comments:
4. Complete if Making a Payment to In-lieu Fee Program: N/A
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: N/A
5a. If using a permittee responsible mitigation plan, provide a description of the proposed mitigation plan.
6. Buffer Mitigation (State Regulated Riparian Buffer Rules) - required by DWQ: N/A
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 6c.
Reason for impact 6d.
Total impact
(square feet)
Multiplier 6e.
Required mitigation
(square feet)
Zone 1 3 (2 for Catawba)
Zone 2 1.5
1 6f. Total buffer mitigation required:
6g. 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).
6h. Comments:
E. Stormwater Management and Diffuse Flow Plan (required by DWQ) : N/A
1. Diffuse Flow Plan
1a. 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? If no, explain why.
? Yes ? No
Comments:
2. Stormwater Management Plan
2a. What is the overall percent imperviousness of this project? 10.22%
2b. Does this project require a Stormwater Management Plan? M Yes ? No
2c. If this project DOES NOT require a Stormwater Management Plan, explain why:
2d. If this project DOES require a Stormwater Management Plan, then provide a brief, na rrative description of the plan:
All stormwater runoff will be directed into grassed lined swales that will eventually flow into designated wetlands.
E Certified Local Government
2e. Who will be responsible for the review of the Stormwater Management Plan? ? DWQ Stormwater Program
? DWQ 401 Unit
3. Certified Local Government Stormwater Review
3a. In which local government's jurisdiction is this project? Village of Pinehurst
? Phase II
3b. Which of the following locally-implemented stormwater management programs ? NSW
? USMP
apply (check all that apply): E Water Supply Watershed
? Other:
3c. Has the approved Stormwater Management Plan with proof of approval been ? Yes No
attached?
4. DWQ Stormwater Program Review: N/A
? Coastal counties
? HQW
4a. Which of the following state-implemented stormwater management programs apply ? ORW
(check all that apply): ? Session Law 2006-246
? Other: Local Stormwater
Program
4b. Has the approved Stormwater Management Plan with proof of approval been
attached? ? Yes ? No
5. DWQ 401 Unit Stormwater Review: N/A
5a. Does the Stormwater Management Plan meet the appropriate requirements? Yes ? No
5b. Have all of the 401 Unit submittal requirements been met? Yes ? No
Page 9 of 12
PCN Form - Version 1.3 December 10, 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.
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.
The Hospice Center will be tied into the existing local sewer athority system: Moore County.
Page 10 of 12
PCN Form - Version 1.3 December 10, 2008 Version
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?
hftp://ecos.fws.gov/speciesProfile/SpeciesReport.do?spcode=E01 N#crithab
Please refer to the attached document concerning the critical habitat areas for the Cape Fear River Shiner. Currently all
critical habitat listed for the Cape Fear River Shiner is in Moore County is designated along the 1.5 river miles of Fork
Creek, from a point 0.1 river miles upstream of Randolph county Road 2873 Bridge downstream to the Deep River then
downstream approximately 4.1 river miles of the Deep River in Randolph and Moore Counties, North Carolina, to a point
2.5 river miles below Moore County Road 1456 Bridge.
The First Health Hospice project is located in the Southen part of the county along and unnamed tributary of Nicks Creek.
Therefore is it not anticpiated that this project will impact critical habitat for the Capre Fear Shiner as designated by the
USFWS.
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?
http://www.hpo.dcr.state.nc.us
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: A LOMR will be completed and submitted to the NC Flood Mapping
Program once construction is complete.
8c. What source(s) did you use to make the floodplain determination? We aquired the Current Effective Model from the State
of NC Flood Mapping Program and performed our No-Rise analysis.
David Richmond
Applicant/Agent's Printed Name Applicant/Agent's Signature Date
(Agent's signature is valid only if an authorization letter from the applicant
is provided.)
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