20010034 Ver 2_More Info Received_20070413

Soil & Env~ronn~.e~tal Consultants, ~'A
11010 Raven Ridge Road Raleigh, Narth Carolina 27614 Phone: [phone] Fax: (919} 846-9467
www.SandEC.cotn
April 12, 2007
S&EC Project # 7381.W0
To: US Army Corps of Engineers
Wilmington Regulatory Field Office
Attn: Thomas Ferrell
69 Darlington Avenue
Wilmington, NC 28403
From: Bob Zarzecki
Soil & Environmental Consultants, P.A.
11010 Raven Ridge Road
Raleigh, NC 27614

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Re: SRW Builders, Inc. /Kings Grant S/D -Individual Permit Application
USAGE (Action ID No. 200500603) & DWQ .(Project No. 01-0034)
Additional Information -Post-Public Notice Meeting, March 22, 2007
Dear Mr. Farrell:
On behalf of our applicant, SRW Builders, Inc., we are hereby providing additional
information in response to comments made by the N.C. Wildlife Resources Commission (WRC)
in their letter dated March 7., 2007 and received by us via an email from Tom Ferrell on March
23, 2007 (see attached). This additional information is an amendment to the existing Individual
Permit application under review by both the U.S. Army Corps of Engineers (USAGE; Action ID
No_ 200500603) and DWQ (Project No. 01-0034).
On March 22, 2007, I met with Tom Ferrell (USAGE) and Ken Averette (North Carolina
Division of Water Quality (DWQ)) to discuss any comments received during the Public Notice
comment period which ended on March 19, 2007. Tom was not aware of any comments received
as of the 22°d meeting. However Ken recalled an email with attached comments from'the WRC.
Ken felt that their concerns were primarily related to the previously proposed crossing of
McPherson Creek. We discussed that this crossing has been avoided as stated within the original
application. Tom later located the email and comments from WRC dated March 7`s, 2007 and
forwarded the comments to S&EC. S&EC later received the USAGE official letter regarding the
comments dated March 29, 2007 on Apri12, 2007. The WRC stated four (4) comments within
their March 7`~, 20071etter. Below are our responses and additional information to these
comments.
Charlotte Office: Greensboro Office:
236 LePhillip Court, Suite C 3817-E Lawndale Drive
Concord, NC 28025 Greensboro, NC 27455
Phone: [phone] Phone: [phone]
Fax: [phone] Fax: [phone]
a.`t ~ D ~ - 003-~ V

SRW Builders, Inc. -Kings Grant / S&EC No. 7381.W0 /April 12, 2007
1. We recommend 100 ft and SO ft native forested buffers are maintained adjacent to all
permanent and intermittent streams, respectively.
As stated within the existing application, the development is existing and currently
underway within the project area and has received all required subdivision plan
approvals, building permits, etc. from the City of Fayetteville, DWQ and DLR-Land
Quality Section. Both the WRC and Fish & Wildlife Service were involved in the
approval process of the previous 404 permits for the development. Buffers as now
recommended by the WRC in their March 7`~, 2007 letter have not been required during
this existing development and permitting process. There are no intermittent streams
identified on the USACE jurisdictional delineation map, only wetlands and perennial
waters. These waters are protected under existing water supply regulations and vegetated
buffers. The project is located within waters classified by the DWQ as "WS-IV, B"
(water supply). All existing development within the project area has and all new
development will comply with City of Fayetteville Code of Ordinances Chapter 29
Water Supply Watershed Management and Protection as mandated by the DWQ.
2. The directional bore method should be used for utility crossings wherever practicable.
These should begin and end outside the 100 year jloodplain or the forested buffer,
whichever is greater.
The directional.bore method is typically advantageous when there is a proposal to cross a
stream or wetland from high ground to high ground with a new utility line. There are no
utility crossings of streams proposed within the application. The only impacts to waters
associated with utility construction are temporary wetland impacts to install a sanitary
sewer line required to connect to an existing sanitary sewer line manhole. I have been
informed by the project engineer and owner that it is not practicable to use the directional
bore method to install this line given its required connection to the existing manhole and
sewer line elevation in relation to the proposed connector line. The existing manhole is
located within an existing jurisdictional wetland and even if it were practicable to use the
directional bore method the area of disturbance required to set up the equipment
necessary for this method at the existing manhole location could actually result in a
greater disturbance footprint than the traditional installation methods proposed.
3. Although all remaining wetlands on-site are to be preserved through conservation
easement/deed restriction using language consistent with U.S. Army Corps of Engineers
(USACE) guidelines for the preservation of wetlands, great care must be taken to ensure
that construction activities do not alter the vegetation in these areas. This is especially
true at the time lots are cleared for home construction and subsequent to home
occupancy.
The applicant agrees with these concerns and believes that the proposed restrictive
covenants and deed language will provide clear notification of these existing wetlands to
future home builders and property owners to ensure that these retained wetlands are not
impacted in the future. These retained wetland areas will be identified prior to the
construction of any adjacent development.
Page 2 of 3

SRW Builders, Inc. -Kings Grant / S&EC No. 7381.W0 /April 12, 2007
4. We appreciate the applicant's willingness to extend the preexisting restrictions protecting
pine trees and potential red-cockaded woodpecker (Picoides borealis) foraging and
nesting habitat.
The applicant understands the importance to limit any potential direct or indirect impacts
to RCW foraging and nesting habitat and as stated within the original application will
comply with all preexisting agreements.
It is our understanding that this additional information will provide you all of the
information required for you to continue the review of our permit application. Please contact us
if you require any information beyond what has been provided in this response. We appreciate
your review and comments.
Attached for your records is the recently approved Individual Water Quality Certification
(No. 3655) dated Apri13, 2007.
Sincerely/,
/C/
r~
Bob Zarzecki,
Environmental Specialist
Soil & Environmental Consultants, PA
CC: Cyndi Karoly, NCDWQ, 401 Oversight and Express Permits Unit, Raleigh, NC
Ken Averette, NCDWQ, Fayetteville Regional Office, 225 Green St., Suite 714, Fayetteville, NC 28301
Attachments: WRC March 7, 2007 Letter
DWQ Individual Water Quality Certification No. 3655 dated Apri13, 2007
Page 3 of 3

DEPARTMENT OF THE ARMY
WILMINGTON DISTRICT, CORPS OF ENGINEERS
PO BOX 1890
WILMINGTON NC 28402.1890
March 29, 2007
Regulatory Division
Action ID: 200500603
Bob Zarzecki
Soil and Environmental Consultants, PA
11010 Raven Ridge Road
Raleigh, North Carolina 27614
Dear Mr. Zarzecki:
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Reference is made to application No. 200500603, which you submitted on behalf of SRW
Builders, Inc.lKings Grant S/D for authorization to discharge fill in jurisdictional wetlands
associated with construction in the Kings Grant Subdivision. The project vicinity is on
Shawcroft Road in Kings Grant Subdivision, which is off Hwy 401, Fayetteville, North Carolina.
On March 19, 2007, the Corps published a public notice to request comments from other
regulatory agencies and the general public regarding this project. We have received a response
from the North Carolina Wildlife Resources Commission.(copy enclosed) In their response, the
Commission itemizes four environmental concerns.
Please review and respond to the comments. Your response should include a plan of action
to resolve the agencies concerns or an explanation of why you believe that the expressed
concerns are not valid for this project. Please submit a written response to me at the letterhead
address within 20 days.
If you have questions regarding this letter, please call me at [phone]. Thank you for
your cooperation in this matter.
Sincerely,
/~--
Thomas Farrell
Regulatory Specialist
Wilmington Regulatory Field Office
Enclosure

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Copy Furnished:
Ken Averitte
N.C. Department of Environment
and Natural Resources
225 Green Street, Suite 714
Fayetteville, North Carolina 28301

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~~ North Carolina Wildlife Resources Commission
Richard B. Hamilton, Executive Director
MEMORANDUM
To: Thomas Farrell
USACE
And
Cyndi Karoly
NC DENR/DWQ
From: Steven H. Everhart, PhD, CWB
Southeastern Permit Coordinator
Habitat Conservation Program
Date: March 7, 2007
RE: SRW Builders, Inc. -Kings Grant, 404/401 Application, Public Notice USACE AID#
200500603, DWQ# 01-0034 V2, Cumberland County
Biologists with the North Carolina Wildlife Resources Commission (NCWRC) have reviewed
the subject application for impacts to wildlife and fishery resources. Our comments are provided
in accordance with provisions of the Fish and Wildlife Coordination Act (48 Stat. 401, as
amended; 16 U.S.C. 661 et. seq.), and Sections 401 and 404 of the Clean Water Act (as
amended).
The project is located adjacent to McPherson Creek (College Lake) and approximately one mile
west of the intersection of US 401 and Shawcroft Rd. in Fayetteville. The site is surrounded by
residential subdivisions, a golf course, and forested land.
The applicant proposes to expand an existing residential subdivision for single family homes.
Road construction and utility line installation would require impacts to approximately 0.23 acre
of wetlands in addition to 0.48 acre that were previously impacted without authorization. The
applicant proposes to mitigate these impacts at a 2:1 ration by purchasing credits in the Barra
Farms Mitigation Bank. In addition, all remaining wetlands on-site (approximately 10.72 acres)
Mailing Address: Division of Inland Fisheries 1721 Mail Service Center • Raleigh, NC 27699-1721
Telephone: [phone] • Fax: [phone]

~~RW -Icings Grant
March 7, 2007
will be preserved through deed notifications and restrictive covenants using standard USACE
language.
We have the following comments:
We recommend 100 ft and 50 ft native forested buffers are maintained adjacent to all
permanent and intermittent streams, respectively.
2. The directional bore method should be used for utility crossings wherever practicable.
These should begin and end outside the 100 yr floodplain or the forested buffer,
whichever is greater.
3. Although all remaining wetlands on-site are to be preserved through conservation
easement/deed restriction using language consistent with U. S. Army Corps of
Engineers (USACE) guidelines for the preservation of wetlands, great care must be
taken to ensure that construction activities do not alter the vegetation in these areas.
This is especially true at the time lots are cleared for home construction and
subsequent to home occupancy.
4. We appreciate the applicant's willingness to extend the preexisting restrictions
protecting pine trees and potential red-cockaded woodpecker (Picoides borealis)
foraging and nesting habitat.
Thank you for the opportunity to review and comment on this application. If you have any
questions or require additional information regarding these comments, please call me at (910)
796-7217.
CC: Ken Averitte, NCDWQ
John Hammond, USFWS

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SRW Builders, Inc.
Sharlene Williams, President
238 McPherson Church Road
Fayetteville, NC, 28303
Re: King's Grant, Tracts 1-5, Cumberland County
McPherson Creek, 18-24-3-(2), WSIV B
DWQ #2001-0034 Version 2; USACE Action ID. No. 200500603
APPROVAL of 401 Water Quality Certification
Dear Ms. Williams:
i...'
Attached hereto is a copy of Certification No. 3655 issued to Sharlene Williams of SRW Builders, Inc.,
dated Apri13, 2007. In addition, you should get any other federal, state or local permits before you go
ahead with your project including (but not limited to) Solid Waste, Sediment and Erosion Control,
Stormwater, Dam Safety, Non-discharge and Water Supply Watershed regulations.
If we can be of further assistance, do not hesitate to contact us.
AWKlcbk
Attachments: Certificate of Completion
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
April 3, 2007
Sincerely,
~~
Alan W. Klimek, P.E.
cc: U.S. Army Corps of Engineers, Wilmington Regulatory Field Office
Wilmington District, USACOE
Belinda Henson, DWQ, Fayetteville Regional Office
DLR Fayetteville Regional Office
Doug Huggett, DCM
File Copy
Central Files
Bob Zarzecki, S&EG, l 1010 Raven Ridge Road, Raleigh, NC, 276:14
Alan Fickett, EcoBank NC, 5104 N. Orange Blossom Trail, Suite 210, Orlando, FL, 32810
Filename: 20010034V2KingsGrant(Cumberland)401
~N~` Carolina
401 OversighUExpress Review Permitting Unit " ' ""~llra~~l~
1650 Mail Service Center, Raleigh, North Carolina 27699-1650
2321 Crabtree Boulevard, Suite 250, Raleigh, North Carolina 27604
Phone [phone] / Fax [phone]
Internet: http://www.ncwaterquality.org
An Equal Opportunity/Affirmative Action Employer - 50% Recycled/10% Post Consumer Paper

Kings Grant
Page 2 of 5
Apri13, 2007
NORTH CAROLINA 401 WATER QUALITY CERTIFICATION
TffiS CERTIFICATION is issued in conformity with the requirements of Section 401 Public Laws 92-
500 and 95-217 of the United States and subject to the North Carolina Division of Water Quality (DWQ)
Regulations in 15 NCAC 2H, Section .0500 to Sharlene Williams of SRW Builders, Inc. to 6110.71 acre of
jurisdictional wetlands in the Cape Fear River Basin, associated with the construction of King's Grant
Subdivision, Tracts 1- 5, in Cumberland County, North Carolina, pursuant to an application filed on the
16"' day of February of 2007, and in additional correspondence received March I5, 2007. These impacts
are in addition to historical impacts to 5.6 acres of wetlands associated with the King's Grant development.
The application and supporting documentation provides adequate assurance that the proposed work will
not result in a violation of applicable Water Quality Standards and discharge guidelines. Therefore, the
State of North Carolina certifies that this activity will not violate the applicable portions of Sections 301,
302, 303, 306, 307 of PL 92-500 and PL 95-217 if conducted in accordance with the application, the
supporting documentation, and conditions hereinafter set forth.
This approval is only valid for the purpose and design submitted in the application materials and as
described in the Public Notice. If the project is changed, prior to notification a new application for a new
Certification is required. If the property is sold, the new owner must be given a copy of the Certification
and approval letter and is thereby responsible for complying with all conditions of this Certification. Any
new owner must notify the Division and request the Certification be issued in their name. Should wetland
or stream fill be requested in the future, additional compensatory mitigation maybe required as described
in 15A NCAC 2H .0506 (h) (6) and {7). If any plan revisions from the approved site plan result in a
change in stream or wetland impact or an increase in impervious surfaces, the DWQ shall be notified in
writing and a new application for 401 Certification maybe required. For this approval to be valid,
compliance with the conditions listed below is required.
Conditions of Certification:
1. Impacts Approved
The following impacts are hereby approved as long as all of the other specific and general
conditions of this Certification (or Isolated Wetland Permit) are met. No other impacts are
approved including incidental impacts:
Amount A proved (Units Plan Location or Reference
404 Wetlands 0.71 (acres)
_ U.S. Army Corps of Engineers
Public Notice issued 2/16/07
Sediment and Erosion Control:
2. Erosion and sediment control practices must be in full compliance with all specifications
governing the proper design, installation and operation and maintenance of such Best
Management Practices in order to protect surface waters standards:
a. The erosion and sediment control measures for the project must be designed, installed,
operated, and maintained in accordance with the most recent version of the North Carolina
Sediment and Erosion Control Planning and Design Manual.
b. The design, installation, operation, and maintenance of the sediment and erosion control
measures must be such that they equal, or exceed, the requirements specified in the most
recent version of the North Carolina Sediment and Erosion Control Manual. The devices

Kings Grant
Page 3 of 5
Apri13, 2007
shall be maintained on all construction sites, borrow sites, and waste pile (spoil) projects,
including contractor-owned or leased borrow pits associated with the project.
c. For borrow pit sites, the erosion and sediment control measures must be designed, installed,
operated, and maintained in accordance with the most recent version of the North Carolina
Surface Mining Manual.
d. The reclamation measures and implementation must comply with the reclamation in
accordance with the requirements of the Sedimentation Pollution Control Act.
3. No waste, spoil, solids, or fill of any kind shall occur in wetlands, waters, or riparian areas beyond
the footprint of the impacts depicted in the 404/401Pennit Application. All construction activities,
including the design, installation, operation, and maintenance of sediment and erosion control Best
Management Practices, shall be performed so that no violations of state water quality standards,
statutes, or rules occur;
4. Sediment and erosion control measures shall not be placed in wetlands or waters to the maximum
extent practicable. If placement of sediment and erosion control devices in wetlands and waters is
unavoidable, they shall be removed and the natural grade restored within six months of the date that
the Division of Land Resources has released the project;
Continuin~Com~liance:
5. Sharlene Williams and SRW Builders, Inc., shall conduct construction activities in a manner
consistent with State water quality standards (including any requirements resulting from
compliance with section 303(d) of the Clean Water Act) and any other appropriate requirements
of State law and federal Iaw. If the Division determines that such standards or laws are not being
met (including the failure to sustain a designated or achieved use) or that State or federal law is
being violated, or that further conditions are necessary to assure compliance, the Division may
reevaluate and modify this Certification to include conditions appropriate to assure compliance
with such standards and requirements in accordance with 15A NCAC 2H.0507(d). Before
modifying the Certification, the Division shall notify Sharlene Williams and/or SRW Builders,
Inc. and the US Army Corps of Engineers, provide public notice in accordance with 15A NCAC
2H.0503 and provide opportunity for public hearing in accordance with 15A NCAC 2H.0504.
Any new or revised conditions shall be provided to Sharlene Williams and/or SRW Builders, Inc.
in writing, shall be provided to the United States Army Corps of Engineers for reference in any
Permit issued pursuant to Section 404 of the Clean Water Act, and shall also become conditions
of the 404 Permit for the project;
6. Written Stormwater Management Plan
If in the future the final percent impervious cover for this project exceeds 30%, or if pockets of
high density within Tracts 1 - 5 exceed 30%, a final, written stormwater management plan
(including a signed and notarized Operation and Maintenance Agreement) shall be submitted to
the 401 Oversight and Express Permitting Unit (2321 Crabtree Blvd., Suite 250, Raleigh, NC,
27604). The stormwater management plans shall be approved in writing by this Office for areas
exceeding 30% impervious cover before construction of the new impacts described within the US
Army Corps of Engineers' Public Notice dated February 16, 2007. You have the option of using
the Express Review Program for expedited approval of these plans. If you propose to use the
Express Review Program, remember to include the appropriate fee with the plan. The stormwater
management plan must include construction plans, specifications, stormwater BMP worksheets,
and supporting calculations. The stormwater best management practices are required to be
appropriate for the surface water classification and designed to remove at least 85% TSS

Kings Grant
Page 4 of 5
Apri13, 2007
according to the most recent version of the NC DENR Stormwater Best Management Practices
Manual. These facilities must be designed to treat the runoff from the entire project, unless
otherwise explicitly approved by the Division of Water Quality. Also, before any new permanent
building included within this new Certification is occupied at the subject site, the facilities (as
approved by this Office) shall be constructed and operational, and the stormwater management
plan (as approved by this Office) shall be implemented. The structural stormwater practices as
approved by this Office as well as drainage patterns must be maintained in perpetuity. No
changes to the structural stormwater practices shall be made without written authorization from
the Division of Water Quality.
Approvals by local stormwater programs would serve to meet this condition provided that the
facilities are appropriate for the surface water classification and designed to remove at least 85%
TSS according to the most recent version of the NC DENR Stormwater Best Management
Practices Manual.
There shall be no direct discharges to streams from fairways, tee areas, or greens.
Miti . ag tion:
7. Compensatory Mitigation Using a Mitigation Bank
Mitigation must be provided for the proposed impacts as specified in the table below. We
understand that you intend to purchase credits from.the Barra Farms Regional Mitigation Bank,
Phase II in Cumberland County as described in your application to meet this mitigation
requirement. Our records show that the Barra Farms Mitigation Bank in Cumberland County
received a 401 Water Quality Certification on Apri16, 2004 (DWQ Project No. 2004-0325) and is
available for credit release for your project. This contribution has been determined by the DWQ
to be a suitable method to meet the mitigation requirement. Until the Barra Farms Regional
Mitigation Bank receives and clears your check, and proof of payment has been provided to
this Office, no impacts specified. in this. Authorization Certificate shall occur. For
accounting purposes, this Authorization Certificate authorizes payment into the Barra
Farms Regional Mitigation Bank, Phase II to meet the following compensatory mitigation
requirement:
Compensatory Mitigation River and Sub-basin Number
Re uired
Wetlands 1.42 (acres) (0.71 @ 2:1) 030615
(non-ri arian) -
Road Crossings:
8. Culvert Installation
Culverts required for this project shall be installed in such a manner that hydraulic connectivity
within impacted wetlands is maintained above and below locations of each culvert. Culverts shall
be designed and installed to allow for aquatic life movement. If any of the existing pipes are or
become perched, the appropriate grade shall be re-established or, if the pipes installed in a perched
manner, the pipes shall be removed and re-installed correctly.

Kings Grant
Page 5 of 5
Apri13, 2007
Other conditions:
9. Certificate of Completion
Upon completion of all work approved within the 401 Water Quality Certification or applicable
Buffer Rules, and any subsequent modifications, the applicant is required to return the attached
Certificate of Completion to the 401/Wetlands Unit, North Carolina Division of Water Quality,
1650 Mail Service Center, Raleigh, NC, 27699-1650.
10. Deed Notifications or Restrictive Covenants
Deed notifications, restrictive covenants or other similar mechanisms shall be placed on all
retained jurisdictional wetlands, waters and protective buffers in order to assure compliance for
future wetland, water and buffer impact. These mechanisms shall be put in place at the time of
recording of the property, or of individual lots, whichever is appropriate. A sample deed
notification can be downloaded from the 401/Wetlands Unit web site at
http://h2o.enr.state.nc.us/ncwetlands. The text of the sample deed notification maybe modified
as appropriate to suit to this project.
11. Temporary Fills
All temporary fill shall be removed and the impacted area returned to the original grade after
construction is complete, and the site(s) shall be stabilized with natural woody vegetation (except
for the maintenance areas of permanent utility crossings) and restored to prevent erosion. If the
temporary fill areas are not completely removed~and restored as described above within the
specified time above, additional written approval from this Office must be obtained to modify this
condition.
Also, this approval to proceed with your proposed impacts or to conduct impacts to waters as
depicted in your application shall expire upon expiration of the 404 Permit.
If this Certification is unacceptable to you, you have the right to an adjudicatory hearing upon written
request within sixty (60) days following receipt of this Certification. This request must be in the form of a
written petition conforming to Chapter 150B of the North Carolina General Statutes and filed with the
Office of Administrative Hearings, 6714 Mail Service Center, Raleigh, N.C. 27699-6714. If
modifications are made to an original Certification, you have the right to an adjudicatory hearing on the
modifications upon written request within sixty (60) days following receipt of the Certification. Unless
such demands are made, this Certification shall be final and binding.
This the 3rd day of Apri12007
DIVISION OF WATER QUALITY
~G~~~
Alan W. Klimek, P.E.
AWK/cbk