20072163 Ver 2_401 Application_20110311

HAL OWEN & ASSOCIATES, INC.
SOIL & ENVIRONMENTAL SCIENTISTS
P.O. Box 400, 266 Old Coats Road
Lillington, NC 27546-0400
Phone [phone] / Fax [phone]
www.halowensoil.com
22 March 2011
Division of Water Quality
401/WetlandsUnit
1650 Mail Service Center
Raleigh, NC 27699-1650
Reference: Riverwood Commons (aka Lillington Commercial)
Harnett County, North Carolina
USACE Action ID SAW-2007-00907
DWQ Project # 07-2163 Y I
Dear DWQ,
The above referenced project was authorized by a 401 Water Quality Certification
(WQC) issued on 13 February 2008 to impact 0.241 acre of wetlands. However, the WQC
expired prior to any work commencing on the project. The owner, Stafford Land Company,
wishes to re-apply for authorization at this time. The details of the project have not changed.
Enclosed please find five copies of the Pre-Construction Notification (PCN) that has been
prepared for the project and one copy of the approved stormwater management plan.
I trust that this provides all the information you require to authorize the proposed impacts. If
you have any questions or need additional information, please feel free to contact me at your
convenience.
Sincerely,
Krissina B. Newcomb
Project Environmental Scientist I
Soil Science Investigations • Wetland Delineations, Permitting, and Consulting
o?oFryw?arFgQ?
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0 9 - a,1 LP 3 u
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
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):
® 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: Riverwood Commons (aka Lillington Commercial)
2b. County: Harnett
2c. Nearest municipality / town: Lillington us ks5g
2d. Subdivision name:
2e. NCDOT only, T.I.P. or state
p
roject no:

a 201
F1
3. Owner Information LM
n ' VYA1?R
3a. Name(s) on Recorded Deed: Stafford Land Company Inc. finch
3b. Deed Book and Page No. 02046-0386
3c. Responsible Party (for LLC if
applicable): Bob Stafford
3d. Street address: 246 Valley Field Lane
3e. City, state, zip: Southern Pines, NC 28387
3f. Telephone no.: 910-692-9808
3g. Fax no.: 910-692-9801
3h. Email address:
Page 1 of 11
PCN Form - Version 1.3 December 10, 2008 Version
4. Applicant Information (if different from owner)
4a. Applicant is: ? Agent ? Other, specify:
4b. Name:
4c. Business name
(if applicable):
4d. Street address:
4e. City, state, zip:
4f. Telephone no.:
4g. Fax no.:
4h. Email address:
5. Agent/Consultant Information (if applicable)
5a. Name: Hal Owen
5b. Business name
(if applicable): Hal Owen & Associates, Inc.
5c. Street address: PO Box 400
5d. City, state, zip: Lillington, NC 27546
5e. Telephone no.: 910-893-8743
5f. Fax no.: 910-893-3594
5g. Email address: [e-mail]
Page 2 of 11
PCN Form -Version 1.3 December 10, 2008 Version
B. Project Information and Prior Project History
1. Property Identification
1a. Property identification no. (tax PIN or parcel ID): 0650-78-2199 and 0650-78-5349
1 b. Site coordinates (in decimal degrees): Latitude: 35.421159 Longitude: - 78.808297
(DD.DDDDDD) (-DD.DDDDDD)
1 c. Property size: 7.55 acres
2. Surface Waters
2a. Name of nearest body of water (stream, river, etc.) to UT to Cape Fear River
proposed project:
2b. Water Quality Classification of nearest receiving water: class WS-IV, CA
2c. River basin: Upper Cape Fear (8HUC 03030004)
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:
Site is undeveloped. The uplands were timbered. Land use in the vicinity is a mixture of industrial, commercial,
institutional, and agricultural.
3b. List the total estimated acreage of all existing wetlands on the property:
0.44 acre
3c. List the total estimated linear feet of all existing streams (intermittent and perennial) on the property:
30
3d. Explain the purpose of the proposed project:
To build a commercial services park with multiple office/retail buildings and parking. Proposed wetland impacts would
include an access road on US 401 and building foundations.
3e. Describe the overall project in detail, including the type of equipment to be used:
At impact W1 a culvert will be installed beneath the building site to convey water from the culvert under Pines State Street
to the undisturbed wetland. The area will be filled with suitable fill material to provide a building foundation and parking
for Parcel 1. At impact W2 the wetland area will be filled with suitable fill material to provide a building foundation and
parking for building 2. At impact W3 a 36" RCP will be installed under an access road to be constructed from US 401 to
the commercial park and future hospital (adjacent land owner).
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: Hal Owen & Associates
Name (if known): Hal Owen Other:
4d. If yes, list the dates of the Corps jurisdictional determinations or State determinations and attach documentation.
22 March 2007, USACE AID# 2007-0907
Page 3 of 11
PCN Form - Version 1.3 December 10, 2008 Version
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.
(1) USACE AID# 2007-0907, application date 12 Dec 2007, NWP 39 authorization issued 7 Jan 2008 for 0.2036 acre of
wetland impact, revised on 30 Jan 2008 to 0.24 acre of wetland impact. Expired.
(2) NCDWQ Project# 07-2163, application date 12 Dec 2007, WQC 3705 authorization issued 5 Feb 2008 for 0.2036
acre of wetland impact, revised on 13 Feb 2008 to 0.24 acre of wetland impact. Expired.
(3) Town of Lillington Watershed Protection Permit, application date 21 Jan 2008, issued 22 Jan 2008.
6. Future Project Plans
6a. Is this a phased project? ? Yes ® No
6b. If yes, explain.
Page 4 of 11
PCN Form - Version 1.3 December 10, 2008 Version
C. Proposed Impacts Inventory
1. Impacts Summary
1 a. Which sections were completed below for your project (check all that apply):
® Wetlands ? 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 ®P ? T Mechanized land
clearing, culvert,
headwater
® Yes
? No
® Corps
®DWQ
0.136
fill

W2 ®P ? T Mechanized land
clearing, fill
headwater ® Yes
? No ® Corps
® DWQ
0.068

W3 ®P ? T Mechanized land
clearing, culvert,
headwater
® Yes
? No
® Corps
®DWQ
0.037
fill
W4 ? P ? T ? Yes ? Corps
? No ? DWQ
W5 ? PEI T ? Yes ? Corps
? No ? DWQ
W6 ? P ? T ? Yes ? Corps
? No ? DWQ
2g. Total wetland impacts 0.241
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
-
404, 1
(Corps
0
stream
Permanent (P) or intermittent DWQ
-
non-
404
, (linear
Temporary (T) (INT)? other) (feet) feet)
S1 ? P ? T ? PER ? Corps
? 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
3i. Comments:
Page 5 of 11
PCN Form - Version 1.3 December 10, 2008 Version
4. Open Water Impacts
If there are proposed impacts to lakes, ponds, estuaries, tributaries, sounds, the Atlantic Ocean, or any other open water of
the U.S. then individually list all open water impacts below.
4a.
Open water
impact number -
Permanent (P) or
Temporary T 4b.
Name of waterbody
(if applicable) 4c.

Type of impact 4d.

Waterbody type 4e.

Area of impact (acres)
01 ?P?T
02 ?P?T
03 ?P?T
04 ?P?T
411 Total open water impacts
4g. Comments:
5. Pond or Lake Construction
If and or lake construction proposed, then complete the chart below.
5a.

Pond ID 5b.

Proposed use or purpose 5c.
Wetland Impacts (acres) 5d.
Stream Impacts (feet) 5e.
Upland
(acres)
number of pond
Flooded
Filled
Excavated
Flooded
Filled
Excavated
Flooded
P1
P2
K Total
5g. Comments:
5h. Is a dam high hazard permit required?
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:
Page 6 of 11
PCN Form - Version 1.3 December 10, 2008 Version
D. Impact Justification and Mitigation
1. Avoidance and Minimization
1a. Specifically describe measures taken to avoid or minimize the proposed impacts in designing project.
Building site 2 was moved and the parking area reconfigured to minimize wetland impacts. The width of the proposed road
connecting to US 401 was minimized to reduce wetland impacts (could not be avoided due to the need to connect to an
existing road on the southern side of US 401). Even though road-front property on US 401 is some of the most valuable in
Lillington, the site was redesigned to preserve a larger portion of wetlands immediately adjacent to the highway.
1 b. Specifically describe measures taken to avoid or minimize the proposed impacts through construction techniques.
2. Compensatory Mitigation for Impacts to Waters of the U.S. or Waters of the State
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
project? ? Mitigation bank

®Payment to in-lieu fee program
® Permittee Responsible Mitigation
3. Complete If Using a Mitigation Bank
3a. Name of Mitigation Bank:
3b. Credits Purchased (attach receipt and letter) Type _7 Quantity
3c. Comments:
4. Complete If Making a Payment to In-lieu Fee Program
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: 0.24 acres
4g. Coastal (tidal) wetland mitigation requested: acres
4h. Comments:
5. Complete If Using a Permittee Responsible Mitigation Plan
5a. If using a permittee responsible mitigation plan, provide a description of the proposed mitigation plan.
The undisturbed wetlands will be preserved using restrictive covenants.
Page 7 of 11
PCN Form - Version 1.3 December 10, 2008 Version
6. Buffer Mitigation (State Regulated Riparian Buffer Rules) - required by DWQ
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
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:
Page 8 of 11
PCN Form -Version 1.3 December 10, 2008 Version
E. Stormwater Management and Diffuse Flow Plan (required by DWQ)
1. Diffuse Flow Plan
1 a . 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.
Comments: ? Yes ? No
2. Stormwater Management Plan
2a. What is the overall percent imperviousness of this project? 54.42%
2b. Does this project require a Stormwater Management Plan? ® 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, narrative description of the plan:
Stormwater will be collected by curb and gutter and piped to stormwater wetlands for treatment.
2e. Who will be responsible for the review of the Stormwater Management Plan? ® Certified Local Government
El DWQ Stormwater Program
(View Stormwater Program Map htto:/l149.168.87.13/stormwater/) ? DWQ 401 Unit
3. Certified Local Government Stormwater Review
3a. In which local government's jurisdiction is this project? Town of Lillington
® Phase II
3b. Which of the following locally-implemented stormwater management programs ? NSW
? USMP
apply (check all that apply): ® Water Supply Watershed
? Other:
3c. Has the approved Stormwater Management Plan with proof of approval been ® Yes ? No
attached?
4. DWQ Stormwater Program Review
? Coastal counties

4a.
Which of the following state-implemented stormwater management programs apply ? HQW
? ORW
(check all that apply): ? Session Law 2006-246
? Other:
4b. Has the approved Stormwater Management Plan with proof of approval been
attached? ? Yes ? No
5. DWQ 401 Unit Stormwater Review
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 11
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)?
1c. 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
letter.) ? Yes ? No
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.
This is a relatively small commercial development and no future phases are planned
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.
Public sewer
Page 10 of 11
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. ? A
h
ill
ev
s
e
5d. What data sources did you use to determine whether your site would impact Endangered Species or Designated Critical
Habitat?
US Fish and Wildlife Service Endangered Species Program (http://www.fws.gov/endangered/)
NC Natural Heritage Program (http://www.ncnhp.org/)
The NC NHP indicated an occurance of the Cape Fear Shiner (Notropis mekistocholas) within 2 miles of the subject site.
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?
South Atlantic Habitat and Ecosystem IMS 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?
National Register of Historic Places http://nrhp.focus.nps.gov/natreg/docs/Google_Earth_Layers.html
NC State Historic Preservation Office http://www.hpo.ncder.gov/
NC Office of State Archaeology http://www.archaeology.ncdcr.gov/ncarch/articles/sites.htm
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:
8c. What source(s) did you use to make the floodplain determination?
NC Floodplain Mapping Program http://www.ncfloodmaps.com/
i
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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.)
Page 11 of 11
PCN Form - Version 1.3 December 10, 2008 Version
Table of Figures
Figure 1. Vicinity Map
Figure 2. USGS 7.5 Minute Topographic map (Lillington Quadrangle)
Figure 3. NRCS Soil Survey
Figure 4. Overall Site with Proposed Impacts
Figure 5. Road Impact at W3
List of Attachments
Agent Authorization Letter
USACE Notification of Jurisdictional Determination (21 August 2007)
USACE Nationwide Permit 39 and 18 Verification (7 January 2008)
USACE Nationwide Permit 39 and 18 Verification (30 January 2008)
NCDWQ Water Quality Certification (5 February 2008)
NCDWQ Water Quality Certification (13 February 2008)
Town of Lillington Watershed Protection Permit
NC Ecosystem Enhancement Program In-Lieu-Fee program acceptance Letter
Hal Owen & Associates Inc.
PO Box 400, Lillington, NC 27546
Ph. [phone] www.halowensoil.com
Riverwood Commons, Harnett County
Pre-Construction Notification
March 2011
Figure 1. Vicinity Map
rya k. 210
Natl. 8t
a C Raton Brown Rd
Q^ '
w Kp
Old
S
Riverwood
Commons
a
`:ape Fear .`4 Goa?q
4- 210
C'. %
tipr? ? ?
a
210 27
421
F?
421 oy?e
- ??` ? h??f ?? 27 421
i ?s Py
?00 ft ' I Y7
OI m l @4011 Google - Map data @2011 Google - Term, of Use
Site is located northwest of the intersection of Pine State Street and E. Cornelius Harnett
Blvd (US 401) in Lillington, Harnett County, NC.
Center coordinates for the site are 35.421159°N and -78.808297°W

Hal Owen & Associates Inc. Riverwood Commons, Harnett County
PO Box 400, Lillington, NC 27546 Pre-Construction Notification
Ph. [phone] www.halowensoil.com March 2011
Figure 2 USGS 7.5 Minute Topographic Map
Hal Owen & Associates Inc. Riverwood Commons, Harnett County
PO Box 400, Lillington, NC 27546 Pre-Construction Notification
Ph. [phone] www.halowensoil.com March 2011
Quadrangle: Lillington, N.C. 1997 N
Contour interval 10 feet
Scale 1:24000
Figure 3 NRCS Soil Survey Map
Me-,
Soil Survey Area: Harnett County, North Carolina
Survey Area Data: Version 7, Nov 2, 2007
Date(s) aerial images were photographed: 6/22/2006.
Soil Map Legend
GoA - Goldsboro loamy sand 0 to 2 percent slopes
Na - Nahunta Loam
MaB - Marlboro sandy loam 2 to 6 percent slopes
WaB - Wagram loamy sand 0 to 6 percent slopes

Hal Owen & Associates Inc. Riverwood Commons, Harnett County
PO Box 400, Lillington, NC 27546
Pre-Construction Notification
Ph. [phone] www.halowensoil.com March 2011

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82120!2007 08:39 910-692-9801
Fed. 14. 2007 11:28A HAL O WEN & ASSOCIATES
STAFFORD LAND CO
14 Febnwy 2007
Owner hifm=ti
Name: Christine Gm=
Mailing, Aftess: 630 Couttlty Lana
City, State, ZiP: Cary, NC 27513
Telephone #:
Information
Name: Stafford Land Company (Bob Stafford)
Mailing Address: 246 Valieyficld Laae
City, State, Zip: Soles Pines, NC 28387
Telephony #: 910.692.9908
Prnoerty Desclwtion
Project Name: Greed Property
Add=: Pine 9taty Sft*t, IAmgwu
FIN #: 0650-78.2199 and 0650.78-53499
County: Hamett
RAGE 02
No. 2586 F. 2
1, At , - s Q as ow= of ihs above rafiwenced property,
auftrin the U3 Army Corps of Engitnscrs to cater the subject property for the p upose of a
jurisactionai determination.
I also eau boric W. Hal Owen of Rai Owen & Associates, Inc, to act in my behalf as my
agent in processing applications for waland c?ifiewion an&or permits.
tr`4*jTz4er"` s????'.? LEA?
3i a Title Date
Met
U.S. ARMY CORPS OF ENGINEERS
WILMINGTON DISTRICT
Action Id. 2007-907
County: Harnett
U.S.G.S. Quad: Lillington
NOTIFICATION OF JURISDICTIONAL DETERMINATION
Applicant/Property Owner:
Stafford Land Company
Mr. Bob Stafford
245 Valleyfield Lane
Southern Pines, NC 28387
Christine Greene
630 Country Lane
Cary, NC 27513
Address:
Phone Number:
Property description:
Size (acres)
Nearest Waterway
USGS HUC
910-692-9808
8
UT of Cape Fear River
030300040301
Nearest Town Lillineton
River Basin Cape Fear
Coordinates N 35.42115 W -78.80829
Location description: The property is located at the north corner of Pine State Street and US Highway 401, in Lillington,
Harnett County, North Carolina.
Indicate Which of the Following Apply:
Based on preliminary information, there may be wetlands on the above described property. We strongly suggest you have
this property inspected to determine the extent of Department of the Army (DA) jurisdiction. To be considered final, a
jurisdictional determination must be verified by the Corps. This preliminary determination is not an appealable action
under the Regulatory Program Administrative Appeal Process ( Reference 33 CFR Part 331).
_ There are Navigable Waters of the United States within the above described property subject to the permit requirements of
Section 10 of the Rivers and Harbors Act and Section 404 of the Clean Water Act. Unless there is a change in the law or
our published regulations, this determination may be relied upon for a period not to exceed five years from the date of this
notification.
X There are wetlands on the above described property subiect to the permit requirements of Section 404 of the Clean
Water Act (CWA)(33 USC & 1344). Unless there is a change in the law or our published regulations this
determination may be relied upon for a period not to exceed five -years from the date of this notification
We strongly suggest you have the waters of the U.S. on your property delineated. Due to the size of your property and/or
our present workload, the Corps may not be able to accomplish this wetland delineation in a timely manner. For a more
timely delineation, you may wish to obtain a consultant. To be considered final, any delineation must be verified by the
Corps.
_ The wetland on your property have been delineated and the delineation has been verified by the Corps. We strongly suggest
you have this delineation surveyed. Upon completion, this survey should be reviewed and verified by the Corps. Once
verified, this survey will provide an accurate depiction of all areas subject to CWA jurisdiction on your property which,
provided there is no change in the law or our published regulations, may be relied upon for a period not to exceed five
years.
X The wetlands have been delineated and surveyed and are accurately depicted on the plat signed by the Corps
Regulatory Official identified below on 8/21/07. Unless there is a change in the law or our published regulations
this determination may be relied upon for a period not to exceed five years from the date of this notification
-There are no waters of the U.S., to include wetlands, present on the above described property which are subject to the permit
requirements of Section 404 of the Clean Water Act (33 USC 1344). Unless there is a change in the law or our published
regulations, this determination may be relied upon for a period not to exceed five years from the date of this notification.
_ The property is located in one of the 20 Coastal Counties subject to regulation under the Coastal Area Management Act
(CAMA). You should contact the Division of Coastal Management in Wilmington, NC at [phone] to determine
their requirements.
Page 1 of 2
Action ID: 2007-907
Placement of dredged or fill material within waters of the US and/or wetlands without a Department of the Army permit may
constitute a violation of Section 301 of the Clean Water Act (33 USC § 1311). If you have any questions regarding this
determination and/or the Corps regulatory program, please contact Ronnie Smith at (910) 2514829
Basis For Determination: This site exhibits wetland criteria as described in the 1987 Corps Wetland Delineation Manual
and is adiacent to an unnamed tributary of the Cape Fear River, which is a navieable water of the US
Remarks: This determination is based on information provided by Hal Owen and Associates and a site visit by Ronnie
Smith on March 22, 2006.
Corps Regulatory Official: Ronnie Smith
Date: August 21, 2007 Expiration Date: August 21, 2012
Corps Regulatory Official (Initial): RDS
FOR OFFICE USE ONLY:
• A plat or sketch of the property and the wetland data form must be attached to the file copy of this form
• A copy of the "Notification Of Administrative Appeal Options And Process And Request For Appeal" form must be
transmitted with the property owner/agent copy of this form.
• If the property contains isolated wetlands/waters, please indicate in "Remarks" section and attach the
"Isolated Determination Information Sheet" to the file copy of this form.
Enclosures:
Signed wetland survey/plat
Copies Furnished:
Ms. Krissina Newcomb
Hal Owen and Associates, Inc.
PO Box 400
Lillington, NC 27546
Page 2 of 2
Applicant: Stafford Land Company - Bob Stafford File Number: 2007-907 Date: August 21, 2007
Christine Greene
At tached is: signed wetland survey/plat See Section below
INITIAL PROFFERED PERMIT (Standard Permit or Letter of permission) A
PROFFERED PERMIT (Standard Permit or Letter of permission) B
PERMIT DENIAL C
X APPROVED JURISDICTIONAL DETERMINATION D
PRELIMINARY JURISDICTIONAL DETERMINATION E
SECTION I -The following identifies your rights and options regarding an administrative, appeal of the above
decision. Additional information may be found at http://w,,,vw.usace.ann J.mil/inet/functions/cw/cecwo/reg or
Corps regulations at 33 CFR Part 331.
A: INITIAL PROFFERED PERMIT: You may accept or object to the permit.
• ACCEPT: If you received a Standard Permit, you may sign the permit document and return it to the district engineer for final
authorization. If you received a Letter of Permission (LOP), you may accept the LOP and your work is authorized. Your signature
on the Standard Permit or acceptance of the LOP means that you accept the permit in its entirety, and waive all rights to appeal the
permit, including its terms and conditions, and approved jurisdictional determinations associated with the permit.
• OBJECT: If you object to the permit (Standard or LOP) because of certain terms and conditions therein, you may request that the
permit be modified accordingly. You must complete Section II of this form and return the form to the district engineer. Your
objections must be received by the district engineer within 60 days of the date of this notice, or you will forfeit your right to appeal
the permit in the future. Upon receipt of your letter, the district engineer will evaluate your objections and may: (a) modify the
permit to address all of your concerns, (b) modify the permit to address some of your objections, or (c) not modify the permit
having determined that the permit should be issued as previously written. After evaluating your objections, the district engineer
will send you a proffered permit for your reconsideration, as indicated in Section B below.
B: PROFFERED PERMIT: You may accept or appeal the permit
• ACCEPT: If you received a Standard Permit, you may sign the permit document and return it to the district engineer for final
authorization. If you received a Letter of Permission (LOP), you may accept the LOP and your work is authorized. Your signature
on the Standard Permit or acceptance of the LOP means that you accept the permit in its entirety, and waive all rights to appeal the
permit, including its terms and conditions, and approved jurisdictional determinations associated with the permit.
• APPEAL: If you choose to decline the proffered permit (Standard or LOP) because of certain terms and conditions therein, you
may appeal the declined permit under the Corps of Engineers Administrative Appeal Process by completing Section II of this form
and sending the form to the division engineer. This form must be received by the division engineer within 60 days of the date of
this notice.
C: PERMIT DENIAL: You may appeal the denial of a permit under the Corps of Engineers Administrative Appeal Process by
completing Section II of this form and sending the form to the division engineer. This form must be received by the division engineer
within 60 days of the date of this notice.
D: APPROVED JURISDICTIONAL DETERMINATION: You may accept or appeal the approved JD or
provide new information.
• ACCEPT: You do not need to notify the Corps to accept an approved JD. Failure to notify the Corps within 60 days of the date of
this notice, means that you accept the approved JD in its entirety, and waive all rights to appeal the approved JD.
• APPEAL: If you disagree with the approved JD, you may appeal the approved JD under the Corps of Engineers Administrative
Appeal Process by completing Section II of this form and sending the form to the division engineer. This form must be received by
the division engineer within 60 days of the date of this notice.
E: PRELIMINARY JURISDICTIONAL DETERMINATION: You do not need to respond to the Corps
regarding the preliminary JD. The Preliminary JD is not appealable. If you wish, you may request an approved
JD (which may be appealed), by contacting the Corps district for further instruction. Also you may provide new
information for further consideration by the Corps to reevaluate the JD.
SECTION II - REQUEST FOR APPEAL or OBJECTIONS TO AN INITIAL PROFFERED PERMIT
REASONS FOR APPEAL OR OBJECTIONS: (Describe your reasons for appealing the decision or your
objections to an initial proffered permit in clear concise statements. You may attach additional information to
this form to clarify where your reasons or objections are addressed in the administrative record.)
ADDITIONAL INFORMATION: The appeal is limited to a review of the administrative record, the Corps
memorandum for the record of the appeal conference or meeting, and any supplemental information that the
review officer has determined is needed to clarify the administrative record. Neither the appellant nor the Corps
may add new information or analyses to the record. However, you may provide additional information to clarify
the location of information that is already in the administrative record.
POINT OF CONTACT FOR QUESTIONS OR INFORMATION:
If you have questions regarding this decision and/or If you only have questions regarding the appeal process
the appeal process you may contact: you may also contact:
Ronnie Smith Mr. Mike Bell, Administrative Appeal Review Officer
PO Box 1890 CESAD-ET-CO-R
Wilmington, NC 28402 U.S. Army Corps of Engineers, South Atlantic Division
60 Forsyth Street, Room 9M15
Atlanta, Georgia 30303-8801
RIGHT OF ENTRY: Your signature below grants the right of entry to Corps of Engineers personnel, and any
government consultants, to conduct investigations of the project site during the course of the appeal process. You
will be provided a 15 day notice of any site investigation, and will have the opportunity to participate in all site
investigations.
Date: Telephone number:
Signature of appellant or agent.
For appeals on Initial Proffered Permits and approved Jurisdictional Determinations send this
form to:
District Engineer, Wilmington Regulatory Division, Attn: Ronnie Smith, Project Manager,
Wilmington Regulatory Field Office, PO Box 1890, Wilmington, North Carolina 28403
For Permit denials and Proffered Permits send this form to:
Division Engineer, Commander, U.S. Army Engineer Division, South Atlantic, Attn: Mr. Mike Bell,
Administrative Appeal Officer, CESAD-ET-CO-R, 60 Forsyth Street, Room 9M15, Atlanta,
Georgia 30303-8801
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U.S. ARMY CORPS OF ENGINEERS
WILMINGTON DISTRICT
Action ID. SAW-2007-00907 County: Harnett USGS Quad: LilUm on
GENERAL PERMIT (REGIONAL AND NATIONWIDE) VERIFICATION
Property Owner / Authorized Agent: Mr. Bob Stafford
Stafford Land Company
Address: 246 Valleyfield Lane
Southern Pines, NC 28387
Telephone No.: 910-692-9808
Size and location of property (water body, road name/number, town, etc.): The property is approximately 7.5 acres
and is located at the northern corner of Pine State Street and US Highway 401, in Lillington, Harnett County,
North Carolina.
Description of projects area and activity: This permit authorizes impacts to 0.204 acres of wetlands for the
construction of buildings, parking areas, and storm water management facilities associated with a proposed
commercial development.
Applicable Law: ® Section 404 (Clean Water Act, 33 USC 1344)
? Section 10 (Rivers and Harbors Act, 33 USC 403)
Authorization: Regional General Permit Number:
Nationwide Permit Number: 39 and 18
SEE ATTACHED GENERAL, REGIONAL AND SPECIAL CONDITIONS
Your work is authorized by the above referenced permit provided it is accomplished in strict accordance with the attached
conditions and your submitted plans. Any violation of the attached conditions or deviation from your submitted plans may
subject the permittee to a stop work order, a restoration order and/or appropriate legal action.
This verification will remain valid until the expiration date identified below unless the nationwide authorization is modified,
suspended or revoked. If, prior to the expiration date identified below, the pationwide permit authorization is reissued and/or
modified, this verification will remain valid until the expiration date identified below, provided it complies with all requirements of
the modified nationwide permit. If the nationwide permit authorization expires or is suspended, revoked, or is modified, such that the
activity would no longer comply with the terms and conditions of the nationwide permit, activities which have commenced (i.e., are
under construction) or are under contract to commence in reliance upon the nationwide permit, will remain authorized provided the
activity is completed within twelve months of the date of the nationwide permit's expiration, modification or revocation, unless
discretionary authority has been exercised on a case=by-case basis to modify, suspend or revoke the authorization.
Activities subject to Section 404 (as indicated above) may also require an individual Section 401 Water Quality Certification. You
should contact the NC Division of Water Quality (telephone [phone]) to determine Section 401 requirements.
For activities occurring within the twenty coastal counties subject to regulation under the Coastal Area Management Act (LAMA),
prior to beginning work you must contact the N.C. Division of Coastal Management.
This Department of the Army verification does not relieve the permittee of the responsibility to obtain any other required Federal,
State or local approvals/permits.
If there are any questions regarding this verification, any of the conditions of the Permit, or the Corps of Engineers regulatory
program, please contact Ronnie Smith at 910-251-4822- ,
Corps Regulatory Official Ronnie Smith Date: January 7, 2008
Expiration Date of Verification: January 7, 2010
The Wilmington District is committed to providing the highest level of support to the public. To help us ensure we continue to do so,
please complete the attached customer Satisfaction Survey or visit hM://www.saw.usace.anny.mil/WETLANDS/index.html to
complete the survey online.
Page 1 of 2
termination of Jurisdiction:
? Based on preliminary information, there appear to be waters of the US including wetlands within the above described project area.
This preliminary determination is not an appealable action under the Regulatory Program Administrative Appeal Process
(Reference 33 CFR Part 331).
? There are Navigable Waters of the United States within the above described project area subject to the permit requirements of
Section 10 of the Rivers and Harbors Act and Section 404 of the Clean Water Act. Unless there is a change in the law or our
published regulations, this determination may be relied upon for a period not to exceed five years from the date of this
notification.
® There are waters of the US and/or wetlands within the above described project area subject to the permit requirements of Section
404 of the Clean Water Act (CWA)(33 USC § 1344). Unless there is a change in the law or our published regulations, this
determination may be relied upon for a period not to exceed five years from the date of this notification.
? The jurisdictional areas within the above described project area have been identified under a previous action. Please reference
jurisdictional determination issued . Action ID
Basis of Jurisdictional Determination: This site exhibits wetlands criteria as described in the 1987 Corps Wetland Delineation
Manual and is adjacent to an unnamed tributary of the Cape Fear River, which is a navigable water of the U.S.
Appeals Information (This information applies only to approved jurisdictional determinations.)
Attached to this verification is an approved jurisdictional determination. If you are not in agreement with that approved jurisdictional
determination, you can make an administrative appeal under 33 CFR 331. Enclosed you will find a Notification of Appeal Process
(NAP) fact sheet and request for appeal (RFA) form. If you request to appeal this determination you must submit a completed RFA
form to the following address:
District Engineer, Wilmington Regulatory Division
Attn: Ronnie Smith, Project Manager,
Wilmington Regulatory Field Office
PO Box 1890
Wilmington, North Carolina 28402
In order for an RFA to be accepted by the Corps, the Corps must determine that it is complete, that it meets the criteria for appeal
under 33 CFR part 331.5, and that it has been received by the District Office within 60 days of the date of the NAP. Should you
decide to submit an RFA form, it must be received at the above address by March 7, 2008.
"It is not necessary to submit an RFA form to the District Of ce if you do not object to the determination in this correspondence."
Corps Regulatory Official: Ronnie Smith
Date January 7, 2008 "Expiration Date January 7, 2010
SURVEY PLATS, FIELD SKETCH, WETLAND DELINEATION FORMS, PROJECT PLANS, ETC., MUST BE
ATTACHED TO THE FILE COPY OF THIS FORM, IF REQUIRED OR AVAILABLE.
Copy Furnished:
Mr. Chris Leach Ms. Belinda Henson Mr. Chad Turlington
Hal Owen and Associates Division of Water Quality-401 Wetlands Unit NCDENR-DWQ
PO Box 400 1650 Mail Service Center 225 Green Street, Suite 714
Lillington, NC 27546 Raleigh, NC27699 Fayetteville, NC 28301
Page 2 of 2
Greene Property
Stafford Land Compnay - Mr. Bob Stafford
Harnett County
AID# 2007-00907
Special Conditions:
1)In order to compensate for impacts to 0.204 acres of non-riparian wetlands the permittee shall make payment to
the North Carolina Ecosystem Enhancement Program (NC EEP) in the amount determined by the NC EEP,
sufficient to perform the restoration of 0.2 acres of non-riparian wetlands in the Black River Basin, Cataloging
Unit 03030004.
Construction within jurisdictional areas on the property shall begin only after the permittee has made full
payment to the NC EEP and provided a copy of the payment documentation to the Corps, and the NC EEP has
provided written confirmation to the Corps that it agrees to accept responsibility for the mitigation work required,
in compliance with the MOU between the North Carolina Department of Environment and Natural Resources and
the United States Army Corps of Engineers, Wilmington District, dated November 4,1998.
2) The permittee shall execute and cause to be recorded in the Harnett County Register of Deeds, restrictive
covenants acceptable to the Corps of Engineers for the purpose of maintaining the conservation areas, as shown on
the attached plat titled "Greene Property-Lillington, NC Sketch Plan(rev.3)" and dated 6/26107, in their
perpetuity, within 30 days of the issuance of this verification. The permittee shall enforce the terms of the
restrictive covenant and prior to the conveyance of the property, shall take no action on the property described in
the covenants inconsistent with the terms thereof. The permittee shall provide a copy of the recorded restrictive
covenants to the Corps of Engineers within 30 days of recording.
The provisions relating to wetlands cannot be amended or modified without the express written consent of the U.S.
Army Corps of Engineers, Wilmington District. '
Corp Regulatory Official Ronnie Smi Date: _January7. 2008
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Action ID. SAW-2007-00907
U.S. ARMY CORPS OF ENGINEERS
WILMINGTON DISTRICT
County: Harnett USGS Quad: Lillie on
GENERAL PERMIT (REGIONAL AND NATIONWIDE) VERIFICATION
Permit Modification
Property Owner / Authorized Agent: Mr. Bob Stafford
Stafford Land Company
Address: 246 Valleyfield Lane
Southern Pines, NC 28387
Telephone No.: 910-692-9808
Size and location of property (water body, road name/number, town, etc.): The property is approximately 7.5 acres
and is located at the northern corner of Pine State Street and US Highway 401, in Lillington, Harnett County,
North Carolina.
Description of projects area and activity: This permit authorizes impacts to 0.24 acres of wetlands for the
construction of buildings, parking areas, an access road and storm water management facilities associated with a
proposed commercial development.
Applicable Law: ® Section 404 (Clean Water Act, 33 USC 1344)
? Section 10 (Rivers and. Harbors Act, 33 USC 403)
Authorization: Regional General Permit Number:
Nationwide Permit Number: 39 and 18
SEE REVISED SPECIAL CONDITIONS-THE GENERAL AND REGIONAL CONDITIONS ARE ATTACHED TO THE
PREVIOUS AUTHORIZATION AND APPLY TO THIS MODIFICATION.
Your work is authorized by the above referenced permit provided it is accomplished in strict accordance with the attached
conditions and your submitted plans. Any violation of the attached conditions or deviation from your submitted plans may
subject the permittee to a stop work order, a restoration order and/or appropriate legal action.
This verification will remain valid until the expiration date identified below unless the nationwide authorization is modified,
suspended or revoked. If, prior to the expiration date identified below, the nationwide permit authorization is reissued and/or
modified, this verification will remain valid until the expiration date identified below, provided it complies with all requirements of
the modified nationwide permit. If the nationwide permit authorization expires or is suspended, revoked, or is modified, such that the
activity would no longer comply with the terms and conditions of the nationwide permit, activities which have commenced (i.e., are
under construction) or are under contract to commence in reliance upon the nationwide permit, will remain authorized provided the
activity is completed within twelve months of the date of the nationwide permit's expiration, modification or revocation, unless
discretionary authority has been exercised on a case-by-case basis to modify, suspend or revoke the authorization.
Activities subject to Section 404 (as indicated above) may also require an individual Section 401 Water Quality Certification. You
should contact the NC Division of Water Quality (telephone [phone]) to determine Section 401 requirements.
For activities occurring within the twenty coastal counties subject to regulation under the Coastal Area Management Act (CAMA),
prior to beginning work you must contact the N.C. Division of Coastal Management.
This Department of the Army verification does not relieve the permittee of the responsibility to obtain any other required Federal,
State or local approvals/permits.
If there are any questions regarding this verification, any of the conditions of the Permit, or the Corps of Engineers regulatory
program, please contact Ronnie Smith at 910-251-4829.
Corps Regulatory Official Ronnie Smith Date: January 30, 2008
Expiration Date of Verification: January 30, 2010
The Wilmington District is committed to providing the highest level of support to the public. To help us ensure we continue to do so,
please complete the attached customer Satisfaction Survey or visit hqp://www.saw.usace.gM.miYWETLANDS/index.html to
complete the survey online.
Page 1 of 2
/f
f
etermination of Jurisdiction:
? Based on preliminary information, there appear to be waters of the US including wetlands within the above described project area.
This preliminary determination is not an appealable action under the Regulatory Program Administrative Appeal Process
( Reference 33 CFR Part 331).
? There are Navigable Waters of the United States within the above described project area subject to the permit requirements of
Section 10 of the Rivers and Harbors Act and Section 404 of the Clean Water Act. Unless there is a change in the law or our
published regulations, this determination may be relied upon for a period not to exceed five years from the date of this
notification.
® There are waters of the US and/or wetlands within the above described project area subject to the permit requirements of Section
404 of the Clean Water Act (CWA)(33 USC § 1344). Unless there is a change in the law or our published regulations, this
determination may be relied upon for a period not to exceed five years from the date of this notification.
? The jurisdictional areas within the above described project area have been identified under a previous action. Please reference
jurisdictional determination issued . Action ID
Basis of Jurisdictional Determination: This site exhibits wetlands criteria as described in the 1987 Corps Wetland Delineation
Manual and is adiacent to an unnamed tributary of the Cape Fear River, which is a navigable water of the U.S.
Appeals Information (This information applies only to approved jurisdictional determinations.)
Attached to this verification is an approved jurisdictional determination. If you are not in agreement with that approved jurisdictional
determination, you can make an administrative appeal under 33 CFR 331. Enclosed you will find a Notification of Appeal Process
(NAP) fact sheet and request for appeal (RFA) form If you request to appeal this determination you must submit a completed RFA
form to the following address:
District Engineer, Wilmington Regulatory Division
Attn: Ronnie Smith, Project Manager,
Wilmington Regulatory Field Office
PO Box 1890
Wilmington, North Carolina 28402
In order for an RFA to be accepted by the Corps, the Corps must determine that it is complete, that it meets the criteria for appeal
under 33 CFR part 331.5, and that it has been received by the District Office within 60 days of the date of the NAP. Should you
decide to submit an RFA form, it must be received at the above address by March 30, 2008.
**It is not necessary to submit an RFA form to 'ct Officie if you do not object to the determination in this correspondence.**
Corps Regulatory Official: Ronnie Smith (-/
Date: January 30, 2008 Expiration Date: January 30, 2013
SURVEY PLATS, FIELD SKETCH, WETLAND DELINEATION FORMS, PROJECT PLANS, ETC., MUST BE
ATTACHED TO THE FILE COPY OF THIS FORM, IF REQUIRED OR AVAILABLE.
Copy Furnished:
Mr. Chris Leach Ms. Belinda Henson Mr. Chad Turlington
Hal Owen and Associates Division of Water Quality-401 Wetlands Unit NCDENR-DWQ
PO Box 400 1650 Mail Service Center 225 Green Street, Suite 714
Lillington, NC 27546 Raleigh, NC27699 Fayetteville, NC 28301
Page 2 of 2
Greene Property
Stafford Land Company - Mr. Bob Stafford
Harnett County
AID# 2007-00907
Special Conditions:
1) In order to compensate for impacts to 0.24 acres of non-riparian wetlands the permittee shall make payment to
the North Carolina Ecosystem Enhancement Program (NC EEP) in the amount determined by the NC EEP,
sufficient to perform the restoration of 0.24 acres of non-riparian wetlands in the Upper Cape Fear River Basin,
Cataloging Unit 03030004.
Construction within jurisdictional areas on the property shall begin only after the permittee has made full
payment to the NC EEP and provided a copy of the payment documentation to the Corps, and the NC EEP has
provided written confirmation to the Corps that it agrees to accept responsibility for the mitigation work required,
in compliance with the MOU between the North Carolina Department of Environment and Natural Resources and
the United States Army Corps of Engineers, Wilmington District, dated November 4, 1998.
2) The permittee shall execute and cause to be recorded in the Harnett County Register of Deeds, restrictive
covenants acceptable to the Corps of Engineers for the purpose of maintaining the conservation areas, as shown on
the attached plat titled "Greene Property-Lillington, NC Sketch Plan(rev.3)" and dated 6/26/07, in their
perpetuity, prior to the sale or conveyance of any lots or other property within the subdivision. The permittee shall
enforce the terms of the restrictive covenant and prior to the conveyance of the property, shall take no action on
the property described in the covenants inconsistent with the terms thereof. The permittee shall provide a copy of
the recorded restrictive covenants to the Corps of Engineers within 30 days of recording.
The provisions relating to wetlands cannot be amended or modified without the express written consent of the U.S.
Army Corps of Engineers, Wilmington District.
Corp Regulatory Official Ronnie Smith Date: January 30, 2008
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Michael F. Easley, Governor
William G. Ross Jr., Secretary
North Carolina Department of Environment and Natural Resources
Coleen H. Sullins, Director
Division of Water Quality
February 5, 2008
DWQ Project # 07-2163
Harnett County
Mr. Bob Stafford
Stafford Land Company
246 Valleyfield Lane
Southern Pines, NC 28387
Subject Property: Greene Property
Ut to Cape Fear River [030607, 18-(16.3),WSIV, CA]
Approval of 401 Water Quality Certification with Additional Conditions
Dear Mr. Stafford:
You have our approval, in accordance with the attached conditions and those listed below, to place fill
within or otherwise impact 0.2036 acres of 404/wetland to construct the proposed residential subdivision,
as described within your application dated December 12, 2007, and received by the N.C. Division of .
Water Quality (DWQ) on December 17, 2007, with additional information received from you on January
28, 2008. After reviewing your application, we have decided that the impacts are covered by General
Water Quality Certification Number(s) 3705 (C3705). The Certification(s) allows you to use Nationwide
Permit(s) NW39, when issued by the US Army Corps of Engineers (USACE). In addition, you should
obtain or otherwise comply with any other required federal, state or local permits before you go ahead
with your project including (but not limited to) Erosion and Sediment Control, Non-discharge, and other
regulations. 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 or CAMA Permit.
This approval is for the purpose and design that you described in your application. 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 fills for this project (now or in the future) exceed one acre of
wetland or 150 linear feet of stream, compensatory mitigation may be required as described in 15A
NCAC 21-1.0506 (h). This approval requires you to follow the conditions listed in the attached
certification and any additional conditions listed below.
The Additional Conditions of the Certification are:
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:
Type of Impact Amount Approved nits Plan Location or Reference
404/Wetlands 0.2036 acres PCN page 8 of 12
401 Oversi htl&press Review Permits Unit
1650 Mail Service Center, Raleigh, North Carolina 27699-1650
2321 Crabtree Boulevard, Suite 250, Raleigh, North Carolina 27604
Phone: [phone] / FAX [phone] / Internet: http://h2o.enr.state.nc.us/ncwetiands
t Caro 'na
ura"Ay
An Equal Opportunity/Affirmative Action Employer - 50% Recycled/10% Post Consumer Paper
Stafford Land Company
Page 2 of 3
February 5, 2008
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
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. Sufficient materials required for stabilization and/or repair of erosion control measures and
stormwater routing and treatment shall be on site at all times.
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 404/401 Permit 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;
5. Protective Fencing - The outside buffer, wetland or water boundary and along the construction corridor
within these boundaries approved under this authorization shall be clearly marked with orange warning
fencing (or similar high visibility material) for the areas that have been approved to infringe within the
buffer, wetland or water prior to any land disturbing activities to ensure compliance with 15 NCAC 2H,
Section.0500;
Certificate of Completion:
6. 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.
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 or CAMA Permit.
Violations of any condition herein set forth may result in revocation of this Certification and may result in
criminal and/or civil penalties. The authorization to proceed with your proposed impacts or to conduct
impacts to waters as depicted in your application and as authorized by this Certification shall expire upon
expiration of the 404 or CAMA Permit.
If you do not accept any of the conditions of this Certification (associated with the approved wetland or
stream impacts), 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

Stafford Land Company
Page 3 of 3
February 5, 2008
the North Carolina General Statutes to the Office of Administrative Hearings, 6714 Mail Service Center,
Raleigh, N.C. 27699-6714. This certification and its conditions are final and binding unless you ask for a
hearing.
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 Cyndi Karoly or Ian McMillan in the Central Office in
Raleigh at 919-733-1786 or Ken Averitte in the DWQ Fayetteville Regional Office at X10-433-3303.
CHS/Ym
Enclosures: GC3705
Certificate of Completion
Coleen H. Sullins, Director
cc: Ken Averitte, DWQ Fayetteville Regional Office
USACE Wilmington Regulatory Field Office
File Copy
Central Files
Hal Owen, Hal Owen & Associates, Inc., P.O. Box 400. Lillington, NC 27546
Filename: 072163GreenePropertY(Harnett)401
Michael F. Easley, Governor
William G. Ross Jr., Secretary
North Carolina Department of Environment and Natural Resources
Coleen H. Sullins, Director
Division of Water Quality
February 13, 2008
DWQ Project # 07-2163
Harnett County
Mr. Bob Stafford
Stafford Land Company
246 Valleyfield Lane
Southern Pines, NC 28387
Subject Property: Greene Property
Ut to Cape Fear River [030607, 18-(16.3),WSIV, CA]
Approval of 401 Water Quality Certification with Additional Conditions
Dear Mr. Stafford:
You have our approval, in accordance with the attached conditions and those listed below, to place fill
within or otherwise impact 0.24 acres of 404/wetland to construct the proposed residential subdivision, as
described within your application dated December 12, 2007, and received by the N.C. Division of Water
Quality (DWQ) on December 17, 2007, with additional information received from you on January 28,
2008. After reviewing your application, we have decided that the impacts are covered by General Water
Quality Certification Number(s) 3705 (C3705). The Certification(s) allows you to use Nationwide
Permit(s) NW39, when issued by the US Army Corps of Engineers (USACE). In addition, you should
obtain or otherwise comply with any other required federal, state or local permits before you go ahead
with your project including (but not limited to) Erosion and Sediment Control, Non-discharge, and other
regulations. 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 or CAMA Permit.
This Certification replaces the one issued to you on February 5, 2008.
This approval is for the purpose and design that you described in your application. 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 fills for this project (now or in the future) exceed one acre of
wetland or 150 linear feet of stream, compensatory mitigation may be required as described in 15A
NCAC 2H.0506 (h). This approval requires you to follow the conditions listed in the attached
certification and any additional conditions listed below.
The Additional Conditions of the Certification are:
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:
401 Oversight/Express Review Permits Unit
1650 Mail Service Center, Raleigh, North Carolina 27699-1650
2321 Crabtree Boulevard, Suite 250, Raleigh, North Carolina 27604
Phone: [phone] FAX [phone] / Internet htta://h2o.enr.state.nc.us/ncwetlands
- z
An Equal OpportunitylAffirmative Action Employer- 50% Recycled/10% Post Consumer Paper
Stafford Land Company
Page 2 of 3
February 13, 2008
Type of Impact Amount Approved Units Plan Location or Reference
404/Wetlands 0.24 (acres) PCN page 8 of 12
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
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. Sufficient materials required for stabilization and/or repair of erosion control measures and
stormwater routing and treatment shall be on site at all times.
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 404/40 1 Permit 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;
5. Protective Fencing - The outside buffer, wetland or water boundary and along the construction corridor
within these boundaries approved under this authorization shall be clearly marked with orange warning
fencing (or similar high visibility material) for the areas that have been approved to infringe within the
buffer, wetland or water prior to any land disturbing activities to ensure compliance with 15 NCAC 211,
Section.0500;
Certificate of Completion:
6. 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.
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 or CAMA Permit.
Violations of any condition herein set forth may result in revocation of this Certification and may result in
criminal and/or civil penalties. The authorization to proceed with your proposed impacts or to conduct
impacts to waters as depicted in your application and as authorized by this Certification shall expire upon
expiration of the 404 or CAMA Permit.

i
Stafford Land Company
Page 3 of 3
February 13, 2008
If you do not accept any of the conditions of this Certification (associated with the approved wetland or
stream impacts), 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, 6714 Mail Service Center,
Raleigh, N.C. 27699-6714. This certification and its conditions are final and binding unless you ask for a
hearing.
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 Cyndi Karoly or Ian McMillan in the Central Office in
Raleigh at 919-733-1786 or Ken Averitte in the DWQ Fayetteville Regional Office at 910-433-3303.
Sincerely,
Coleen H. Sullins, Director
CHS/ijm
Enclosures: GC3705
Certificate of Completion
cc: Ken Averitte, DWQ Fayetteville Regional Office
USACE Wilmington Regulatory Field Office
File Copy
Central Files
Hal Owen, Hal Owen & Associates, Inc., P.O. Box 400. Lillington, NC 27546
Filename: 072163GreeneProperty(Hamett)401

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SPAULDING & NORRIS, PA
Planning* Civil Engineering + Environmental
January 21, 2008
Mr. Tommy Bums, Town Manager
Town of Lillington
106 West Front Street
Lillington, NC 27546
RE: Lillington Commercial
Watershed Protection Permit
Dear Mr. Bums:
Per Article 5 of the Town of Lillington's zoning ordinance please find attached a
watershed protection permit in duplicate for the above referenced project. The proposed
commercial site, which is located in the WS IV (PA) watershed, will be developed under
the high-density option allowing 70% built upon area.
As required by the Town's ordinance, proposed stormwater wetland and bioretention
devices will be installed in order to treat the first inch of runoff for 85% TSS removal. In
addition, the proposed measures will treat for TN, TP and fecal coliform.
We trust the information provided will be sufficient for the Town of Lillington to accept
our permit application.
Sincerely,
P. Dan Pabst, P.E.
cc Don Mizelle, Stafford Land Company, Inc.
file
Phone: [phone] • Fax: [phone] •972 Trinity Road • Raleigh, North Carolina 27607
1r-
rl`?j
Ecosystem
PROGRAM
March 10, 2011
Don Mizelle
Stafford Land Company
246 Valley Field Lane
Southern Pines, NC 28387
Project: Riverwood Commercial
Expiration of Acceptance: December 10, 2011
County: Harnett
The purpose of this letter is to notify you that the North Carolina Ecosystem Enhancement Program (NCEEP) is willing to accept
payment for impacts associated with the above referenced project. Please note that this decision does not assure that the payment will
be approved by the permit issuing agencies as mitigation for project im acts. It is the res onsibilit of the applicant to contact these
agencies to determine if payment to the NCEEP will be approved.
This acceptance is valid for nine months from the date of this letter and is not transferable. If we have not received a copy of the
issued 404 Permit/401 Certification/CAMA permit within this time frame, this acceptance will expire. It is the applicant's
responsibility to send copies of the permits to NCEEP. Once NCEEP receives a copy of the permit(s) an invoice will be issued based
on the required mitigation in that permit and payment must be made prior to conducting the authorized work. The amount of the In
Lieu Fee to be paid to NCEEP by an applicant is calculated based upon the Fee Schedule and policies listed at www.nceep.net.
Based on the information supplied by you the impacts that may require compensatory mitigation are summarized in the following
table.
River
Basin CU
Location Stream (feet) Wetlands (acres) Buffer I
(Sq. Ft.) Buffer II
(Sq. Ft.)
Cold Cool Warm Riparian Non-Riparian Coastal Marsh
Impact Cape Fear 03030004 0 0 0 0 0.24 0 0 0
Credits Cape Fear 03030004 0 0 0 0 Up to 0.50 0 0 0
I
Upon receipt of payment, EEP will take responsibility for providing the compensatory mitigation. If the regulatory agencies require
mitigation credits greater than indicated above, and the applicant wants NCEEP to be responsible for the additional mitigation, the
applicant will need to submit a mitigation request to NCEEP for approval prior to permit issuance. The mitigation will be performed
in accordance with the N.C. Department of Environment and Natural Resources' Ecosystem Enhancement Program In-Lieu Fee
Instrument dated July 28, 2010.
If you have any questions or need additional information, please contact Kelly Williams at [phone].
Sincerely,
William D. Gilmore, PE
Director
cc: Ian McMillan, NCDWQ Wetlands/401 Unit
Ronnie Smith, USACE-Wilmington
Kris Newcomb, agent
File
Rutor1119... ... PYOtectr t 0" State
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MCDE
EN
North Carolina Ecosystem Enhancement Program, 1652 Mail Service Center, Raleigh, NC 27699-1652 / 919-715-0476 / www.nceep.net