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Home My WebLink About20110997 Ver 1_More Info Received_20111216N W E� BURDETTE LAND CONSULTING, INC 10212 Creedmoor Road Raleigh North Carolma 27615 Telephone (919) 841 9977 — Fax (919) 841 9909 S December 14, 2011 Ms Belinda Henson Surface Water Protechon Section NC Division of Water Quality 225 Green Street, Suite 714 Fayetteville, North Carolina 28301 5043 RE AddihonalInformahon Cypress Pomte Subdivision Johnsonville, Harnett County, North Carohna BLC Pro�ect # 11338 NCDWQ Pro�ect# 11 0997 Dear Ms Higgins D��a�� D DEC 1 6 2011 �T�NDa AND STORW�yp ER BRANCH We received your agency s letter dated December 1 2011 requestmg addihonal information regardmg the application submitted for the sub�ect proJect Each request is restated and addressed below The PCN application and impact maps were revised accordmgly and are attached Impact Justafication (Avotdance and Manamazataon) a Under Sectaon D 1 Avoadance and Manamazataon of your applacataon you dad not provide a �ustaficataon for the ampacts as requested wathin thas sectaon Impacts labeled Impact #2 Impact #3 and Impact #4 do not appear to be necessary for lots 16 17 and 18 to be useable lots Utalaty easements for onsate wastewater systems do not necessatate the amount offll proposed in vour aDplacataon Please elcmanate or reduce these ampacts or provide additaonal anformataon as to why they are necessary for thas pro�ect The applicant has further mmimized the impacts proposed as shown on the attached and revised Surface Water and Wetlands Impact Map An addrtional0 026 acre of impact previously proposed for septic system flexibility on Lot 16 has been avoided by plamm�g the system alignment Ms Henson BLC Pro�ect # 11338 December 14 2011 Page 2 of 2 around the wetland area The impacts previously proposed for Lots 17 and 18 have been further mmimized by 0 036 acre which is 27 percent more mmimization than previously proposed On both lots the applicant requests permanent fill across the isolated wetland to provide not only septic and vehicle access, but to also provide a visible and usable connechon to a significant portion of the lot separated from the house site by the isolated wetland We also request additional permanent fill for Lot 17 to allow adequate space for house site ad�ustment and a deck and/or patio due to the limited space available for the house site on this lot The applicant believes further mirumization on Lots 17 and 18 would restnct the future homeowners ability to fully use a siguficant portion of their lot by hmrtmg the visual connechon to the home srte 2 Please provade a copy of the Notificatlon of Jurrsdactional Determination from the US Army Corps of Engineers A copy of the Notification of Jurisdictional Determmation dated December 5 2011 from the US Army Corps of Engineers is attached Upon revision, the pro�ect would permanently impact a total of 0 211 acre of isolated wetlands If you have any queshons about the additional mformation provided please do not hesitate to contact me Sincerely Burdette Land Consultmg Inc � , � � �u�� Jenrufer Burdette Environmental Specialist Attachments PCN Applicatron Form revised 12/14/11 Impact Maps revised 12/12/11 USACE Nohficarion of Junsdichonal Determmation 12/5/11 c Shan Padgett — D R Horton Inc Kenneth W Goetze — Deacon Development CP LLC — via email Karen Higgu�s — Wetlands Buffers and Stormwater Compliance and Pemvttmg Umt Chad Turlington — NCDWQ Fayetteville Regional Office — via email Jun Wiley — Beacon Street Development Co Inc — via email � .;:, � ,� � �-�-�� < n � � $ . �� :� �;.�� ;. oF W A rFR o �-__�,,��Q � o � Office Use Only Corps action ID no DWQ pro�ect no Form Version 1 3 Dec 10 2008 Pre-Construction Notificahon PCN Form A A hcant Informahon 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 or General Permit (GP) number 1c Has the NWP or GP number been venfied by the Corps� ❑ Yes ❑ No 1d Type(s) of approval sought from the DWQ (check all that apply) ❑ 401 Water Quality Certification — Regular � Non 404 Junsdictional General Permit ❑ 401 Water Quality Certification — Express ❑ Riparian Buffer Authonzation 1 e Is this notification solely for the record For the record only for DWQ 401 For the record only for Corps Permit because written approval is not required? Certification ❑ Yes � No ❑ Yes ❑ No 1f Is payment into a mitigation bank or m lieu fee program proposed for mitigation � Yes � No of impacts� If so attach the acceptance letter from mitigation bank or in lieu fee program 1 g Is the pro�ect located in any of NC s twenty coastal counties If yes answer 1 h ❑ Yes � No below 1 h Is the pro�ect located within a NC DCM Area of Environmental Concern (AEC)� ❑ Yes � No 2 Pro�ect Information 2a Name of pro�ect Cypress Pointe Subdivision 2b County Harnett 2c Nearest murncipality / town Johnsonville p �+ 2d Subdivision name Cypress Pomte 2e NCDOT only T I P or state NA pro�ect no 3 Owner Informat�on ��p�p,NDSTORN�NATERB��H 3a Name(s) on Recorded Deed Deacon Development CP LLC 3b Deed Book and Page No DB 2240 PG 293 3c Responsible Party (for LLC if Kenneth Goetze applicable) 3d Street address P O Box 400 3e City state zip Rolesville NC 27571 3f Telephone no (919) 562-6937 3g Fax no (919) 562 6938 3h Email address kwgoetze@dnet net Page 1 of 9 PCN Form — Version 1 3 December 10 2008 Version 4 Applicant Information (if different from owner) 4a Applicant is ❑ Agent � Other specify Budder 4b Name Shari Padgett Assistant VP POC Matt Brubaker 4c Business name D R Horton Inc (if applicable) 4d Street address 2000 Aerial Center Parkway Swte 110 4e Ciry state zip Mornsvdle NC 27560 4f Telephone no (919) 460 2999 4g Fax no (800) 731 9291 4h Emad address mkbrubaker@drhorton com 5 AgenUConsultant Information (if applicable) 5a Name Jenrnfer A Burdette 5b Business name Burdette Land Consultmg Inc (if applicable) 5c Street address 10212 Creedmoor Road 5d C►ty state zip Raleigh NC 27615 5e Telephone no (919) 841 9977 5f Fax no (919) 841 9909 5g Emad address JBurdetteBLC@bellsouth net B Pro�ect Information and Prior Pro�ect History 1 Property Identification 1 a Property identification no (tax PIN or parcel ID) 9553 68 6912 & 9553 59 9041 1b Site coordinates (in decimal degrees) Latitude 35 230740 Longitude 79 146857 (DD DDDDDD) ( DD DDDDDD) 1 c Property size 28 acres 2 Surface Waters 2a Name of nearest body of water (stream river etc ) to UT to Buffalo Creek proposed pro�ect 2b Water Qualiry Classification of nearest receiving water WS I11 2c River basin Cape Fear Page 2 of 9 PCN Form — Version 1 3 December 10 2008 Version 3 Pro�ect Description 3a Describe the existmg conditions on the site and the general land use in the vicirnty of the pro�ect at the time of this application The site is currently forested except for the proposed subdivision roadway area that is currently under construction General land use in the vicinity of the pro�ect is rural/residential 3b List the total estimated acreage of all existing wetlands on the property <1 acre 3c List the total estimated linear feet of all existing streams (intermittent and perenrnal) on the property 0 3d Explain the purpose of the proposed pro�ect The purpose of the pro�ect is to construct road infrastructure necessary to divide the property mto individual lots for single family home construction 3e Describe the overall pro�ect m detad mcluding the rype of equipment to be used The pro�ect is approximately 28 acres in size and located on the southwest side of Cypress Church Road (SR 1107) approximately 140 feet northwest of Cypress Church Road s intersection with Hdlmon Grove Road (SR 1106) southwest of Johnsonville The pro�ect consists of construction of roadway to serve approximately 30 lots The roadway and lot development would impact two isolated wetlands located on the property Heavy equipment typical for road construction and grading wdl be used to construct the proposed pro�ect The attached Surface Water and Wetland Impact Map depicts the plan view of the pro�ect 4 Jurisd�ctional Determinations 4a Have �unsdictional wetland or stream determinations by the Corps or State been requested or obtained for this property / pro�ect (mcluding all pnor phases) in the past� � Yes ❑ No ❑ Unknown Comments 4b If the Corps made the �urisdictional determination what type � Preliminary � Final of determmation was made� 4c If yes who delineated the �unsdictional areas� Agency/Consultant Company Burdette Land Consulting Inc Name (if known) Jennifer A Burdette Other 4d if yes list the dates of the Corps �unsdictional determmations or State determinations and attach documentation On October 18 2011 Ms Christie Wicker of the USACE conducted a field venfication of the isolated and �unsdictional wetlands and concurred with the boundaries as shown on the attached Surface Water and Wetland Impact Map A copy of the Notification of Junsdictional Determmation dated December 5 2011 is attached 5 Pro�ect H�story 5a Have permits or certifications been requested or obtained for � Yes � No ❑ Unknown th�s pro�ect (including all prior phases) m the past� 5b If yes explam in detad accordmg to help file mstructions 6 Future Pro�ect Plans 6a Is this a phased pro�ect? ❑ Yes � No 6b If yes explain Page 3 of 9 PCN Form — Version 1 3 December 10 2008 Version C Proposed Impacts Inventory 1 Impacts Summary 1a Which sections were completed below for your pro�ect (check all that apply) � Wetlands ❑ Streams tnbutaries ❑ 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�urisdiction number — Type of impact Type of wetland Forested (Corps 404 10 Area of impact Permanent (P) or (if known) DWQ — non-404 other) (acres) Tem ora T W 1� P � T road/lot fill headwater forest � Yes ❑ Corps 0 115 ❑ No � DWQ W2 � P❑ T lot fill headwater forest � Yes ❑ Corps 0 052 ❑ No � DWQ W3 � P❑ T lot fill headwater forest � Yes ❑ Corps 0 043 ❑ No � DWQ 2g Total wetland impacts 0 211 2h Comments BLC believes that wetland mitigation should not be required because the total proposed isolated wetland impact of 0 211 acre does not exceed NCDWQ s 1 acre threshold for wetland mitigation 3 Stream Impacts If there are perenrnal 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 �unsdiction Average Impact number (PER) or (Corps 404 10 stream length Permanent (P) or intermittent DWQ — non-404 width (linear Temporary (T) (INT)� other) (feet) feet) S1 ❑ P � T NA ❑ PER ❑ Corps ❑ INT ❑ DWQ 3h Total stream and tributary �mpacts 3i Comments 4 Open Water Impacts If there are proposed �mpacts to lakes ponds estuaries tributanes sounds the Atlantic Ocean or any other open water of the U S then mdividually list all open water impacts below 4a 4b 4c 4d 4e Open water Name of waterbody impact number — (if applicable) Type of impact Waterbody rype Area of impact (acres) Permanent {P) or Tem ora T 01 ❑P❑T NA 4f Total open water impacts 4g Comments 5 Pond or Lake Construction If ond or lake construction ro osed then com lete the chart below Page 4 of 9 PCN Form — Version 1 3 December 10 2008 Version 5a 5b 5c 5d 5e Wetland Impacts (acres) Stream Impacts (feet) Upland Pond ID Proposed use or purpose (acres) number of pond Flooded Fdled Excavated Flooded Fdled Excavated Flooded P1 NA Sf Total 5g Comments 5h Is a dam high hazard permit reqwred� ❑ Yes ❑ No If yes permit ID no 5i Expected pond surface area (acres) 5� Size of pond watershed (acres) 5k Method of construction 6 Buffer Impacts (for DWQ) If pro�ect wdl impact a protected ripanan buffer then complete the chart below If yes then mdividually list all buffer impacts below if an im acts re uire miti ation then ou MUST fill out Section D of this form 6a ❑ Neuse ❑ Tar Pamlico ❑ Other Pro�ect is m which protected basm� ❑ 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) Tem ora T im act re uired? B1 ❑ P❑ T NA ❑ Yes ❑ No 6h Total buffer impacts 6i Comments D Impact Justificat�on and M�tigation 1 Avoidance and Mimmization 1 a Specifically describe measures taken to avoid or mmimize the proposed impacts in designing pro�ect The applicant requested BLC delmeate the wetlands present on the site and worked to avoided isolated wetland areas except where necessary to obtam full use of proposed lots 1 b Specifically describe measures taken to avoid or minimize the proposed impacts through construction techniques The budder wdl use sediment and erosion control measures in accordance with Harnett County s development ordinance to minimize the impacts of construction on the ad�acent wetlands 2 Compensatory Mit�gation for Impacts to Waters of the U S or Waters of the State 2a Does the pro�ect require Compensatory Mitigation for ❑ Yes � No impacts to Waters of the U S or Waters of the State? 2b If yes mit�gat�on �s required by (check all that apply) ❑ DWQ ❑ Corps ❑ Mitigation bank 2c If yes which mitigation option will be used for this pro�ect� ❑ Payment to m lieu fee program ❑ Permittee Responsible Mitigation Page 5 of 9 PCN Form — Version 1 3 December 10 2008 Version 3 Complete if Using a Mit�gation Bank 3a Name of Mitigation Bank NA 3b Credits Purchased (attach receipt and letter) Type NA Quantiry NA 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 NA linear feet 4c If using stream mitigation stream temperature ❑ warm ❑ cool ❑cold 4d Buffer mitigation requested (DWQ only) NA square feet 4e Riparian wetland mitigation requested NA acres 4f Non npanan wetland mitigation requested NA acres 4g Coastal (tidal) wetland mitigation requested NA acres 4h Comments NA 5 Complete if Using a Permittee Responsible Mitigation Plan 5a If using a permittee responsible mitigation plan provide a descnption of the proposed mitigation plan NA 6 Buffer Mitigation (State Regulated Riparian Buffer Rules) — required by DWQ 6a Wdl the pro�ect result in an impact within a protected npanan buffer that reqwres ❑ Yes � No buffer mitigation� 6b If yes then identify the square feet of impact to each zone of the npanan buffer that reqwres mitigation Calculate the amount of mitigation reqwred 6c 6d 6e Zone Reason for impact Total impact Multiplier Reqwred mitigation (square feet) (square feet) Zone 1 NA 3(2 for Catawba) Zone 2 NA 1 5 6f Total buffer mitigation reqwred 6g If buffer mitigation is reqwred discuss what rype of mitigation is proposed (e g payment to pnvate mitigation bank permittee responsible riparian buffer restoration payment into an approved in lieu fee fund) NA 6h Comments NA E Stormwater Management and Diffuse Flow Plan (reqwred by DWQ) 1 Diffuse Flow Plan 1 a Does the pro�ect include or is it ad�acent to protected npanan buffers identified � Yes � No within one of the NC Ripanan Buffer Protection Rules� 1 b If yes then is a diffuse flow plan included� If no explain why � ❑ Yes ❑ No Comments Page 6 of 9 PCN Form — Version 1 3 December 10 2008 Version 2 Stormwater Mana ement Plan 2a What is the overall percent imperviousness of this pro�ect� 13 % 2b Does this pro�ect require a Stormwater Management Plan� ❑ Yes � No 2c If this pro�ect DOES NOT require a Stormwater Management Plan explain why This pro�ect does not require a stormwater management plan because it does not contam one or more drainage area that is anticipated to have impervious surface cover of equal to or greater than 24 percent 2d if this pro�ect DOES require a Stormwater Management Plan then provide a brief narrative descnption of the plan NA ❑ Certified Local Government 2e Who wdl be responsible for the review of the Stormwater Management Plan� ❑ DWQ Stormwater Program ❑ DWQ 401 Urnt 3 Cert�fied Local Government Stormwater Review 3a In which local government s �urisdiction is this pro�ect� Harnett County � Phase II 3b Which of the followmg locally implemented stormwater management programs ❑ NSW apply (check all that apply) ❑ USMP � Water Supply Watershed ❑ Other 3c Has the approved Stormwater Management Plan with proof of approval been ❑ Yes � No attached� 4 DWQ Stormwater Pro ram Review ❑ Coastal counties ❑ HQW 4a Which of the following state implemented stormwater management programs apply � 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 407 Unit Stormwater Review 5a Does the Stormwater Management Plan meet the appropnate requirements� � Yes ❑ No 5b Have all of the 401 Unit submittal requirements been met� � Yes ❑ No Page 7 of 9 PCN Form — Version 1 3 December 10 2008 Version F Supplementary Information 1 Environmental Documentation (DWQ Reqwrement) 1a Does the pro�ect 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 pro�ect reqwre preparation of an environmental document pursuant to the requirements of the National or State ❑ Yes ❑ No (North Carolina) Environmental Policy Act (NEPAISEPA)� 1c If you answered yes to the above has the document review been finalized by the State Cleanng 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 m 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 Ripanan 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) The applicant has graded a portion of the smallest isolated wetland dunng road construction before they understood wr�tten concurrence would be required However the impact area did not exceed 0 10 acre which would be approved by State General Permit for Impacts to Isolated and Other Non-404 Jurisdictional Wetlands and Waters Permit Number IWGP100000 3 Cumulatrve Impacts (DWQ Reqwrement) 3a Wdl this pro�ect (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 cumulatwe impact analysis in accordance with the most recent DWQ policy If you answered no provide a short narrative descnption The proposed infrastructure serves only the proposed residential development Therefore the pro�ect is not anticipated to result m additional development 4 Sewage Disposal (DWQ Reqwrement) 4a Clearly detad the ultimate treatment methods and disposition (non-discharge or discharge) of wastewater generated from the proposed pro�ect or avadable capacity of the sub�ect facdity Wastewater generated from the proposed pro�ect will be disposed of through individual on site septic systems approved by Harnett County Page 8 of 9 PCN Form — Version 1 3 December 10 2008 Version 5 Endangered Species and Designated Critical Habitat (Corps Reqwrement) 5a Wdl this pro�ect 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 mdicate the USFWS Field Office you have contacted ❑ Ashevdle 5d What data sources did you use to determine whether your site would impact Endangered Species or Designated Cntical Habitat� NA 6 Essential Fish Habitat (Corps Requirement) 6a Wdl this pro�ect 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� NA 7 Historic or Prehistoric Cultural Resources (Corps Requirement) 7a Wdl this pro�ect 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 Histo�ic Trust designation or properties sigrnficant in North Carolina history and archaeology)� 7b What data sources did you use to determine whether your site would impact historic or archeological resources� NA 8 Flood Zone Designation (Corps Requirement) 8a Wdl this pro�ect occur ►n a FEMA-designated 100 year floodplain� ❑ Yes ❑ No 8b If yes explam how pro�ect meets FEMA reqwrements 8c What source(s) did you use to make the floodplam determination? Jennifer A Burdette � _ 12/14/11 Applican e t rinted Name Appli A ent s ignature Date (Agent s signature is vali nly i an au orization letter from the applicant is rovided Page9of9 PCN Form — Version 1 3 December 10 2008 Version U S ARMY CORPS OF ENGINEERS WILMINGTON DISTRICT Act�on Id SAW 2011 01717 County Harnett U S G S Quad Lobel�a NOTIFICATION OF JURISDICTIONAL DETERMINA'�ION Property Owner Deacon Development CP, LLC Agent Burdette Land Consultmg, Inc Attn Kenneth W Goetze attn Jenmfer Burdette Address P O Box 400 10212 Creedmore Road Rolesville. NC 27571 Rale«h, NC 27615 (919) 562 6937 (919) 841 9977 Property descr�ption Size (acres) 28 Nearest Town Cameron Nearest Waterway UT to Buffalo Creek River Bas�n Cape Fear Rrver USGS HIJC 03030004 Coordtnates N 35 2307 W 79 1468 Locat�on description The propertv �s located on the southwest side of Cvaress Church Road (SR 1107) approx�matelv 140 feet northwest of Cvpress Church Road s mtersect�on w�th Hdlman Grove Road (SR 1106) m Cameron, Harnett Countv, North Carolma � Indicate Which of the Followin� Apply A PreLminary Determination Based on prelumnary mformation there may be wetlands on the above described property We strongly suggest you have this property mspected to determme the extent of Department of the Army (DA) �ur�sdiction To be considered final a �urisd�ctional determmation must be venfied by the Corps This prel�mmary determmat�on �s not an appealable act�on under the Regulatory Program Admmistrat�ve Appeal Process ( Reference 33 CFR Part 331) B Approved Determination There are Nav�gable Waters of the Un�ted States withm the above described property sub�ect to the perm�t requirements of Section 10 of the Rrvers and Harbors Act and Sect�on 404 of the Clean Water Act Unless there �s a change m the law or our publ�shed regulat�ons th�s determmation may be relted upon for a period not to exceed five years from the date of th�s not�ficat�on X There are wetlands on the above descr�bed aroaertv subiect to the aerm�t reau�rements of Sect�on 404 of the Clean Water Act (CWA)(33 USC & 13441 Unless there is a chan�e m the law or our publ�shed re�ulations, th�s determ�nat�on mav be relied upon for a per�od not to exceed �ve vears from the date of this not�ficat�on We strongly suggest you have the remamder of the waters of the U S uicludmg wetlands on your property delmeated Due to the size of your property andlor our present workload the Corps may not be able to accompl�sh th�s wetland delmeat�on m a timely manner For a more t�mely delmeatton you may w�sh to obtam a consultant To be cons►dered final any dehneat�on must be venfied by the Corps X The wetland on vour proaertv have been del�neated and the del�neat�on has been ver�fed bv the Coras We stronelv su�gest vou have th�s delmeat�on surveved Uaon comalet�on, th�s survev should be rev�ewed and ver��ed bv the Coras Once ver�fied, th�s survev wdl prov�de an accurate dea►ct�on of all areas sub�ect to CWA �ur�sd�ct�on on vour propertv wh�ch, prov�ded there �s no change m the law or our aubl�shed regulat�ons, mav be rel�ed upon for a per�od not to exceed �ve vears The wetlands have been delmeated and surveyed and are accurately dep�cted on the plat s�gned by the Corps Regulatory Offic�al identified below on Unless there �s a change m the law or our publ�shed regulat�ons this determination may be rel�ed upon for a period not to exceed five years from the date of this notification There are no waters of the U S to mclude wetlands present on the above descr�bed pro�ect area which are sub�ect to the perm�t requ�rements of Section 404 of the Clean Water Act (33 USC 1344) Unless there is a change m the law or our publ�shed regulations th�s determmation may be rel�ed upon for a per�od not to exceed five years from the date of this not�fication The property is located m one of the 20 Coastal Counties sub�ect to regulat�on under the Coastal Area Management Act (CAMA) You should contact the D�v�s�on of Coastal Management tn Morehead C�ty NC at (252) 808 2808 to determme their requirements Placement of dredged or fill material w�thm waters of the US and/or wetlands w�thout a Department of the Army permit may const�tute a violation of Sect�on 301 of the Clean Water Act (33 USC § 1311) If you have any quest�ons regardmg th�s determinatton and/or the Corps regulatory program please contact Christv W�cker at 910 251 4637 C Basis For Determmahon The s�te exh�b�ts wetland cr�teria as defined m the 1987 Wetland Delmeation Manual wh�ch �s abuttm� an unnamed tr�butarv of Buffalo Creek a tr�butarv of the L�ttle R�ver a Trad�t�onallv Nav�eable Water Th�s determmation �s based on a s�te v�s�t conducted bv Christv W�cker on 10/18/2011 D Remarks Please be aware that th�s aroaertv contams non iurisd�ct�onal, isolated wetlands Please contact the North Carol�na D�v�s�on of Water Qual�tv at (919) 733 1786 to d�scuss the State s reeulatsons and reqa�rements for these waters It was determmed that these wetlands are not borderm�, ne��hbormg or cont�guous w�th anv Sect�on 404 �ur�sdict�onal waters E Attention USDA Program Panc�ipants Th�s delmeat�on/determmat�on has been conducted to �dent�fy the l�m�ts of Corps Clean Water Act Jurisdiction for the particular srte ident�fied in th�s request The delmeat�on/determmat�on may not be valid for the wetland conservat�on prov�s�ons of the Food Secunty Act of 1985 If you or your tenant are USDA Program part�cipants or anticipate part�c�pat�on m USDA programs you should request a cert�fied wetland determmat�on from the local office of the Natural Resources Conservat�on Service pr�or to startmg work F Appeals InfOrmatlon (Th�s informat�on appl�es onty to approved �ur�sd�ct�onal determmat�ons as md�cated m B above) Th�s correspondence const�tutes an approved Jur�sd�ctional determ►nat�on for the above descr�bed site If you ob�ect to this determ►nation you may request an admmistrat�ve appeal under Corps regulations at 33 CFR part 331 Enclosed you w�ll find a Not�ficat�on of Appeal Process (NAP) fact sheet and request for appeal (RFA) form If you request to appeal th�s determmat�on you must submit a completed RFA form to the followmg address Jason Steele Adm�mstrat�ve Appeals Review Officer 60 Forsyth Street SW (Room 9M10) Atlanta GA 3030� 8801 404 562 5137 In order for an RFA to be accepted by the Corps the Corps must determme that �t is complete that �t meets the cr�teria for appeal under 33 CFR part 331 5 and that �t has been received by the D�strict Office w�thm 60 days of the date of the NAP Should you dec�de to subm�t an RFA form �t must be received at the above address by Februarv 3, 2012 **It �s not necessary to subm�t an RFA form to the Distr�ct Office if you do not ob�ect to the determ�nat�on m th�s correspondence ** Corps Regulatory Offic�al _ Date 12/5/2011 Exp�ration Date 12/5/2016 The Wilmington Distnct is comm�tted to providmg the htghest level of support to the public To help us ensure we contmue to do so please complete the Customer Sattsfact�on Survey located at our webs�te at http //regulatorv usacesurvey com/ to complete the survey onlu►e Copy Furn�sh Mr Chad Turlmgton D�vision of Water Quality NCDENR 225 Green Street Su�te 714 Fayetteville NC 28301 5043