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HomeMy WebLinkAbout20120023 Ver 1_401 Application_20120112I WITHERS & RAVENEL ENGINEERS I PLANNERS I SURVEYORS 20120023 January 6 2012 US Army Corps of Engineers NC Division of Water Quality Wilmington Regulatory Field Office 401 Wetlands Unit COURTESY Attn Ms Emily Hughes Attn Mr Ian McMillan 69 Darlington Avenue 1650 Mail Service Center Wilmington NC 28405 Raleigh North Carolina 27699 1650 Re SRW Raeford Road Commercial Sewer Corps AID #SAW 201101078 W &R Project #03110164 00 Dear Ms Hughes and Mr McMillan JAN - 9 2012 VVE4M0bANDSTORMWATE BRANCH On behalf of Sharlene Williams we are requesting authorization from the USACE to use NWP 12 for 0 17 acres of temporary impacts to jurisdictional wetlands Per Water Quality General Certification No 3819 written approval to NC DWQ The project is ±30 5 acres in size and is located north of the intersection of Raeford Road and Strickland Bridge Road in Fayetteville Cumberland County (Latitude 35 040269 °N Longitude 79 000411 °W) The project is located in the Cape Fear River basin and onsite waters drain to Beaver Creek The Water Quality Classification for Beaver Creek is WQC C and the Stream Index Number is 18 31 24 5 The cataloging unit for the site is 03030004 Proposed Project The proposed project consists of the construction of a sewer line to provide a sewer connection for the future mixed use commercial development to the existing Fayetteville PWC sewer line Please note that the proposed sewer connection represents the only connection option for the future commercial development site While the future commercial development has not been engineered for stormwater management development will be located entirely within uplands and will not require wetland impacts to construct as exhibited in the enclosed site plans W &R has had previous conversations with Crystal Amschler with the Corps of Engineers regarding this protect Ms Amschler determined that since the proposed sewer connection was the only option for providing sewer to the site and since the future commercial development would be located entirely within uplands that the sewer connection could be permitted as a single project under a NWP 12 1410 Commonwealth Drive Suite ioi Wilmington North Carolina 28403 tel 910 256 9277 fax 910 256 2584 www withersravenel com WITHERS & RAVENEL ENGINEERS I PLANNERS I SURVEYORS Project History Ms. Crystal Amschler with the Corps of Engineers issued a Jurisdictional Determination (AID #SAW- 201101078) for the subject property on September 13, 2011. The final Wetland Survey to be signed by the Corps has been included as an Appendix. Proposed Impacts The proposed impacts consist of 0.17 acres of temporary wetland impacts as a result of construction of the proposed sewer connection. Avoidance and Minimization Prior to site plan design, the applicant requested that a detailed wetland delineation be conducted to identify the jurisdictional wetlands within the proposed project. The only wetland impacts associated with the future commercial development will occur as a result of construction of the sewer connection. The sewer connection has been designed to have a 30' temporary construction corridor to minimize disturbance to the wetlands. The sewer will be installed through trench and backfill, and all disturbed wetlands will be returned to natural grade and seeded with grass to provide temporary stabilization until the area is permanently stabilized through natural recruitment of native wetland species. The alignment for the sewer connection was designed to connect to the existing Fayetteville PWC sewer line above the onsite stream to avoid stream impacts. Mitigation Since the construction of the proposed sewer connection will result in the 0.17 acres conversion impacts as a result of conversion of forested wetlands to herbaceous wetlands. Per NWP 12 General Condition 20.h, the conversion of forested wetlands to herbaceous wetlands for utility line crossings will require mitigation. The applicant proposes to purchase 0.17 acres of riparian wetland mitigation from EEP to satisfy General Condition 20.h. A copy of the EEP Letter of Acceptance has been provided as an Appendix. There are no Private Mitigation Banks which service the Cape Fear 03030004 basin, the purchase of mitigation from EEP Satisfies the Corps Final Rule for Compensatory Mitigation for Losses of Aquatic Function. Since the wetland impacts are less than DWQ's 1.0 acre impact threshold for requiring mitigation, there is no additional mitigation proposed. 1410 Commonwealth Drive, Suite ioi Wilmington, North Carolina 28403 tel: 910- 256 -9277 fax: 910-256-2584 www.withersravenet.com WITHERS & RAVENEL ENGINEERS I PLANNERS I SURVEYORS The current request is for 0.17 acres of temporary wetland impacts to jurisdictional wetlands (see the attached maps and PCN for details). Please feel free to call if you have questions or require additional information. Sincerely, e— C5 Troy Beasley Environmental Scientist Attachments: • PCN Form • Agent Authorization • USGS Quad Map • Cumberland County Soil Survey • Corps 7D Tearsheet • EEP Letter of Acceptance • Wetland Impact Plan • Wetland Surveys (Corps Only) 1410 Commonwealth Drive, Suite ioi Wilmington, North Carolina 28403 tel: 910 -256 -9277 fax: 910-256-2584 www.withersravenet.com o�oF w a rF9o� Office Use Only: Corps action ID no. DWQ project no. Form Version 1.3 Dec 10 2008 Page 1 of 11 PCN Form — Version 1.3 December 10, 2008 Version Pre - Construction Notification (PCN) Form A. Applicant Information 1. Processing 1 a. Type(s) of approval sought from the Corps: ®Section 404 Permit El Section 10 Permit 1 b. Specify Nationwide Permit (NWP) number: 12 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 In below. ❑ Yes ❑ No 1 h. Is the project located within a NC DCM Area of Environmental Concern (AEC)? ❑ Yes ❑ No 2. Project Information 2a. Name of project: SRW Raeford Road Commercial 2b. County: Cumberland 2c. Nearest municipality / town: Fayetteville 2d. Subdivision name: 2e. NCDOT only, T.I.P. or state project no: 3. Owner Information 3a. Name(s) on Recorded Deed: Sharlene R. Williams 3b. Deed Book and Page No. DB: 05345; Page:00816 3c. Responsible Party (for LLC if applicable): 3d. Street address: 238 North McPherson Church Road 3e. City, state, zip: Fayetteville, NC 28303 3f. Telephone no.: 910 - 864 -1125 3g. Fax no.: 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: Troy Beasley 5b. Business name (if applicable): Withers and Ravenel 5c. Street address: 1410 Commonwealth Drive, Suite 101 5d. City, state, zip: Wilmington, NC 28403 5e. Telephone no.: 910 - 256 -9277 5f. Fax no.: 910 - 256 -2584 5g. Email address: tbeasley @withersravenel.com Page 2 of 11 PCN Form — Version 1.3 December 10, 2008 Version B. Project Information and Prior Project History 1. Property Identification 1 a. Property identification no. (tax PIN or parcel ID): 0406 -09 -0781 1 b. Site coordinates (in decimal degrees): Latitude: 35.040269 °N Longitude: - 79.000411 °W (DD.DDDDDD) (- DD.DDDDDD) 1 c. Property size: ±30.5 acres 2. Surface Waters 2a. Name of nearest body of water (stream, river, etc.) to Beaver Creek proposed project: 2b. Water Quality Classification of nearest receiving water: WQC:C (Stream Index: 18- 31 -24 -5) 2c. River basin: Cape Fear — HUC 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: The project site currently consists of undeveloped woodlands. The land use in the vicinity of the project consists of a mixture of residential and commercial land use. 3b. List the total estimated acreage of all existing wetlands on the property: ±2.44 acres 3c. List the total estimated linear feet of all existing streams (intermittent and perennial) on the property: ±225 If 3d. Explain the purpose of the proposed project: The purpose of the proposed project is to provide a connection to the existing PWC sewer force main for the future commercial development. Please note that the future commercial development will be located entirely within uplands and will not require wetland impacts. 3e. Describe the overall project in detail, including the type of equipment to be used: The project will consist of the construction of a sewer connection for the future commercial development. Standard commercial construction equipment will be used to construct the project. 4. Jurisdictional Determinations 4a. Have jurisdictional wetland or stream determinations by the Corps or State been requested or obtained for this property / ®Yes El No El Unknown project (including all prior phases) in the past? Comments: 4b. If the Corps made the jurisdictional determination, what type El Preliminary ®Final of determination was made? 4c. If yes, who delineated the jurisdictional areas? Agency /Consultant Company: Withers & Ravenel Name (if known): Troy Beasley — W &R Other: 4d. If yes, list the dates of the Corps jurisdictional determinations or State determinations and attach documentation. The Corps issued a JD for the project site on 9/13/2011 (AID #201101078). The final Wetland Surveys have been provided for signature as an Appendix. 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. Page 3 of 11 PCN Form — Version 1.3 December 10, 2008 Version 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 El P ®T Temporary Construction Riverine Swamp ® Yes ® Corps 0.17 acres Corridor Forest El No DWQ 2g. Total wetland impacts 0.17 acres 2h. Comments: 3. Stream Impacts If there are perennial or intermittent stream impacts (including temporary impacts) proposed on the site, then complete this question for all stream sites impacted. 3a. 3b. 3c. 3d. 3e. 3f. 3g. Stream impact Type of impact Stream name Perennial Type of jurisdiction Average Impact number - (PER) or (Corps - 404, 10 stream length Permanent (P) or intermittent DWQ — non -404, width (linear Temporary (T) (INT)? other) (feet) feet) S1 ❑ 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. 4b. 4c. 4d. 4e. Open water Name of waterbody impact number — (if applicable) Type of impact Waterbody type Area of impact (acres) Permanent (P) or Temporary (T) 01 ❑P ❑T 02 ❑P ❑T 03 ❑P ❑T 04 ❑P ❑T 4f. Total open water impacts 4g. Comments: 5. Pond or Lake Construction If pond or lake construction proposed, then complete the chart below. 5a. 5b. 5c. 5d. 5e. Wetland Impacts (acres) Stream Impacts (feet) Upland Pond ID Proposed use or purpose (acres) number of pond Flooded Filled Excavated Flooded Filled Excavated Flooded P1 P2 K Total 5g. Comments: 5h. Is a dam high hazard permit required? ❑ Yes ❑ No If yes, permit ID no: 5i. Expected pond surface area (acres): 5j. Size of pond watershed (acres): 5k. Method of construction: 6. Buffer Impacts (for DWQ) If project will impact a protected riparian buffer, then complete the chart below. If yes, then individually list all buffer impacts below. If any impacts require mitigation, then you MUST fill out Section D of this form. 6a. ❑ Neuse El Tar-Pamlico El 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 F-1 Yes ❑ No B2 ❑P ❑T F-1 Yes ❑ No B3 ❑P ❑T F-1 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 1 a. Specifically describe measures taken to avoid or minimize the proposed impacts in designing project. Prior to site plan design, the applicant requested that a detailed wetland delineation be conducted to identify the jurisdictional wetlands within the proposed project. The only wetland impacts associated with the future commercial development will occur as a result of construction of the sewer connection. The sewer connection has been designed to have a 30' temporary construction corridor to minimize disturbance to the wetlands. The sewer will be installed through trench and backfill, and all disturbed wetlands will be returned to natural grade and seeded with grass to provide temporary stabilization until the area is permanently stabilized through natural recruitment of native wetland species. The alignment for the sewer connection was designed to connect to the existing Fayetteville PWC sewer line above the onsite stream to avoid stream impacts. 1 b. Specifically describe measures taken to avoid or minimize the proposed impacts through construction techniques. Silt fencing will be placed around all disturbed areas to prevent the escape of sediment into adjacent wetlands. 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 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: 0.17 acres 4f. Non - riparian wetland mitigation requested: acres 4g. Coastal (tidal) wetland mitigation requested: acres 4h. Comments: A copy of the EEP Letter of Acceptance has been provided as an Appendix. 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. 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 8of11 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. ❑ Yes ❑ No Comments: 2. Stormwater Management Plan 2a. What is the overall percent imperviousness of this project? N/A — Utility Line Crossing 2b. Does this project require a Stormwater Management Plan? ❑ Yes ® No 2c. If this project DOES NOT require a Stormwater Management Plan, explain why: The proposed project consists of the construction of a sewer line, which will not result in impervious area. Upon design of the future commercial development project, the design will meet all required stormwater management regulations and owner will apply for a stormwater permit. 2d. If this project DOES require a Stormwater Management Plan, then provide a brief, narrative description of the plan: ❑ Certified Local Government 2e. Who will be responsible for the review of the Stormwater Management Plan? ❑ DWQ Stormwater Program ❑ DWQ 401 Unit 3. Certified Local Government Stormwater Review 3a. In which local government's jurisdiction is this project? ❑ 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 ❑ 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 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)? 1 c. If you answered "yes" to the above, has the document review been finalized by the State Clearing House? (If so, attach a copy of the NEPA or SEPA final approval ❑ Yes ❑ No letter.) Comments: 2. Violations (DWQ Requirement) 2a. Is the site in violation of DWQ Wetland Rules (15A NCAC 2H .0500), Isolated Wetland Rules (15A NCAC 2H .1300), DWQ Surface Water or Wetland Standards, ❑ Yes ® No or Riparian Buffer Rules (15A NCAC 2B .0200)? 2b. Is this an after - the -fact permit application? ❑ Yes ® No 2c. If you answered "yes" to one or both of the above questions, provide an explanation of the violation(s): 3. Cumulative Impacts (DWQ Requirement) 3a. Will this project (based on past and reasonably anticipated future impacts) result in ❑ Yes ® No additional development, which could impact nearby downstream water quality? 3b. If you answered "yes" to the above, submit a qualitative or quantitative cumulative impact analysis in accordance with the most recent DWQ policy. If you answered "no," provide a short narrative description. The proposed project is located within a heavily developed area of Cumberland County and is not anticipated to be a catalyst for future development that could impact nearby downstream waters. 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. Fayetteville PWC 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? E] Raleigh 5c. If yes, indicate the USFWS Field Office you have contacted. ❑ Asheville 5d. What data sources did you use to determine whether your site would impact Endangered Species or Designated Critical Habitat? W &R reviewed the NC OneMap Viewer GIS website, located at http: / /www.nconemap.net/Default.aspx ?tabid =286, to identify if any potential occurrence of endangered species on or near the proposed project. The review of the GIS database did not identify any recent occurrences of endangered species or critical habitat on the subject property or within 1.0 miles of the project. The project site is located within a heavily developed area of Cumberland County. 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? There are no waters in Cumberland County designated as EFH. 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? There was no evidence of the presence of historic or archeological resources observed on the property. 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: The sewer line will be installed subsurface and will have no effect on the floodplain and is not subject to FEMA requirements. 8c. What source(s) did you use to make the floodplain determination? www.ncfloodmaps.com Troy Beasley — Authorized Agent -2 1/6/12 Applicant /Agent's Printed Name Date Applicant /Agent's Signature (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 AGENT AUTHORIZATION FORM WITHERS & RAVEN EL ENGINEERS I PLANNERS I SURVEYORS AUTHORITY FOR APPOINTMENT OF AGENT The undersigned owner Sharlene Riddle Williams do(es) hereby appoint Troy Beasley 1 Withers & Ravenel, Inc. as his, her, or it's agent for the purpose of petitioning the appropriate local, state and federal environmental regulatory agencies (US Army Corps of Engineers, NC Division of Water Quality, NC Division of Coastal Management, etc.) for: a) review and approval of the jurisdictional boundaries of onsite jurisdictional areas (wetlands, surface waters, etc.) and/or; b) preparation and submittal of appropriate environmental permit applications /requests for the SRW Raeford Road Commercial Project. The owner does hereby authorize that said agent has the authority to do the following acts on behalf of the owner: (1) To submit appropriate requestslapplications and the required supplemental materials; (2) To attend meetings to give representation on behalf of the Client. (3) To authorize access to subject property for the purpose of environmental review by appropriate regulatory agencies. This authorization shall continue in effect until completion of the contracted task or termination by the property owner. Agent's Name, Address & Telephone: Troy Beasley-1 Withers & Ravenel, Inc. 1410 Commonwealth Drive, Suite 101_ Wilmington, NC 28403 Date: S l Signature of Owner(s): <1 Am- ���e r, r (Name - Print) (Title) 1 Al r (Signature) Tel. (910) 256 -9277 C;� 20 1-11) ' A c-�5-- C� Mailing Address b4az!�L,uc_ 3 d ty S to Zip 111 MacKenan Drive I Cary, NC 27511 I tel.: 919.469.3340 j fax: 919.467.6008 1 www.withersravenel.com I License No. C -0832 1410 Commonwealth Drive I Suite 1011 Wilmington, NC 28403 1 tel: 910.256.9277 1 fax: 910.256.2584 416 D Gallimore Dairy Road I Greensboro, NC 27409 1 tel: 336.993.5504 1 fax: 919.467.6008 USGS QUAD MAP CUMBERLAND COUNTY SOIL SURVEY :..i....o«,w...... ...i.� i GRAPHIC SCALE aF Kati• « -oma. ®n.a. -. rw• �* s F � � � � � • ff 200 400 1 inch = 400 ft. Ifs Nftl Oil a * ♦ ! �� . -- .rte #..�' �„ • � �* SITE 1409 0 ... k,., • • •' • . 0 �► r • � s o � • �•' e� ' 3 • Y } s w 2 jl� —By , „ SRW RAEFORD ROAD COMMERCIAL USGS QUAD MAP - FAYETTEVILLE & CLIFFDALE QUAD WITHERS RA►VENEL " 1 chc,kMBy ••h" LNfINLLRf 1 PLANNERS 1 fYRYL110Rf «n,a.00 FAYETTEVILLE ['UMBERLAND COUNTY NORTH C:ARGHNA 3 IL +1� f � -p — M T 1 i I A �- GRAPHIC SCALE 0 Ilk 44 11 1 inch = 300 ft. i —� rY f F G' t , r - — ° voBy SRW RAEFORD ROAD COMMERCIAL CUMBERLAND CO. SOIL SURVEY - SHEETS 10 &11 WITHERS RAVENEL „«wn� �, ENGINEERS 1 PLANNERS 1 SURVEYORS „ , FAYETTEVILLE CUMBERLAND COUNTY NORTH CAROLINA CORPS JD TEARSHEET U.S. ARMY CORPS OF ENGINEERS WILMINGTON DISTRICT Action Id. 201101078 County: Cumberland U.S.G.S. Quad: Fayetteville and Cliffdale NOTIFICATION OF JURISDICTIONAL DETERMINATION Property Owner /Agent: Ms. Sharlene Riddle Williams Address: c/o Butch Dunlap PO Box 53646 Fayetteville, NC 28305 Telephone No.: Property description: Size (acres) 30 Nearest Town Fayetteville Nearest Waterway Beaver Creek River Basin Cape Fear USGS HUC 03030004 Coordinates N 35.040269 W - 79.000411 Location description The property is located north of Hwy 401 (Raeford Road), approximately 0.4 miles_ east of the intersection of Hwy 401 with School Road in Fayetteville, North Carolina PIN# 0406 -09 -0781 Indicate Which of the Following Apply: A. Preliminary Determination _ 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). B. Approved Determination 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 waters of the U.S. including wetlands on the above described property 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. _ We strongly suggest you have the wetlands 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. X The waters of the U.S. including 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. _ The wetlands have been delineated and surveyed and are accurately depicted on the plat signed by the Corps Regulatory Official identified below on . 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 Washington, NC, at (252) 946 -6481 to determine their requirements. 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 Crystal Amsehler at 910 - 251 -4170. C. Basis For Determination Determination was based on review of aerial photography, USGS, soils and Lidar mans and from observations made during the site visit Wetlands met criteria set forth in the Corps 1987 delineation manual and the Atlantic acrd_ Gulf Coastal Plain Region Supplement. Streams were determined usin2 ©HWM as identified in the field. D. Remarks E. Attention USDA Program Participants This delineation/determination has been conducted to identify the limits of Corps' Clean Water Act jurisdiction for the particular site identified in this request. The delineation/determination may not be valid for the wetland conservation provisions of the Food Security Act of 1985. If you or your tenant are USDA Program participants, or anticipate participation in USDA programs, you should request a certified wetland determination from the local office of the Natural Resources Conservation Service, prior to starting work. F. Appeals Information (This information applies only to approved jurisdictional determinations as indicated in B. above) This correspondence constitutes an approved jurisdictional determination for the above described site. If you object to this determination, you may request an administrative appeal under Corps regulations at 33 CFR part 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: Jason Steele Administrative Appeals Review Officer 60 Forsyth Street, SW (Room 9M10) Atlanta, GA 30303 -8801 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 11/14/2011. * *It is not necessary to submit an RFA form to the District Office if you do not object to the determination in this correspondence. ** Corps Regulatory Official: Date 09/13/2011 Expiration Date 0 13/2016 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 Customer Satisfaction Survey located at our website at http://pei-2.nwp.usace.army.mil/sLirvey.htmi to complete the survey online. Copy furnished: Withers & Ravenel Attn: Troy Beasley 1410 Commonwealth Dr, Suite 101 Wibnington, NC 28403 EEP LETTER OF ACCEPTANCE OS stem _ 1 � `ine T PROGRAM December 21, 2011 Sharlene Williams PO Box 53646 Fayetteville, NC 28305 Project: SRW Raeford Road Commercial Expiration of Acceptance: June 21, 2012 County: Cumberland The purpose of this letter is to notify you that the North Carolina Ecosystem Enhancement Program (NCEEP) is willing to accept payment for compensatory mitigation for impacts associated with the above referenced project as indicated in the table below. Please note that this decision does not assure that participation in the NCEEP will be approved by the permit issuing agencies as mitigation for project impacts. It is the responsibility of the applicant to contact these agencies to determine if payment to the NCEEP will be approved. You must also comply with all other state federal or local government permits regulations or authorizations associated with the proposed activity including SL 2009 -337• An Act to Promote the Use of Compensatory Mitigation Banks as amended by S.L. 2011 -343. This acceptance is valid for six 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 in your request to use the NCEEP, the impacts that may require compensatory mitigation are summarized in the following table. The amount of mitigation required for this impact is determined by permitting agencies. Impact River Basin CU Location Stream (feet) Wetlands (acres) Buffer I (Sq. Ft.) Buffer II (Sq. Ft.) Cold Cool Warm Ri arian Non -Ri arian TCoastal Marsh Cape Fear 03030004 0 0 0 0.17 1 0 1 0 0 0 Upon receipt of payment, EEP will take responsibility for providing the compensatory mitigation. 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. Thank you for your interest in the NCEEP. If you have any questions or need additional information, please contact Kelly Williams at (919) 716 -1921. Sincerely, Michael Elliso Deputy Director cc: Karen Higgins, NCDWQ Wetlands /401 Unit USACE - Wilmington Troy Beasley, agent File estov ... ... Prot" oar .fta& TA CCDENR North Carolina Ecosystem Enhancement Program, 1652 Mail Service Center, Raleigh, NC 27699-1652 / 919-715-0476 / www.nceep.net WETLAND IMPACT PLANS VICINITY MAP I 'Raeford '$pad US 401 Somd, (R/w va4e-0/ =SiiNa4 'T0p0GR4PR CAL INFnPROVIDZ 6 NAND COUNTY REVISIONS 112/20/2011 1 1 1 ■ m 0 VERA L L SITE IVA P WETLANDS SRI/ - COMMERCIAL z 71-n -� r -c'01 DRIA WETLANDS "DW—COUIVERCIAL )n CUMBERLAND COMITY, NORTH CAROLINA ML�, JDATE: OCT. 0541 1A, & k /A t I A 'A 414 .as' .ems h j -,Z X 4,, it VL15 61- RaY wSnAlm RTACTS t L10 us Hwy 46 7 THE PURPOSE OF THIS MAP IS TO ESTABLISH WETLANDS FOR PERMITTING ONLY. IT IS NOT THE INTENTION OF THIS MAP TO CREATE A SUBDIVISION OF PROPERTY. THIS MAP CANNOT BE USED FOR THE PURPOSE OF CONVEYANCE OR SALES, AND DOES NOT COMPLY WITH G.S. 47-30. C> C) rl CD Cl U w W 0 V 0 1 Lu Lr) 'IV CD C=) SITE RAEFORD RD /2 VICINITY MAP NTS VICINITY MAP I -198 % % bb -------------- 0 C\2 C) 4" % > ♦C� RAEFOR LLC- D \CR6RSING, RIDDLE' %8474/\492 MARCH F. 1-8t- - - - N"L 4699/43 1&4 % N ------ ff )d§fl . S. EW. ER. — . LINE_ — _E- %;5 4 - - - - - - - - - - - - - -------- - - - - -- 1 �I.DWL % 176-59 sq. I I 1�1 L es Nd % 94 ePe % ----------- - AP� 4 01 THE PURPOSE OF THIS MAP IS TO ESTABLISH 00" WETLANDS FOR PERMITTING ONLY. IT IS NOT THE INTENTION OF THIS MAP TO CREATE A SUBDIVISION OF PROPERTY. THIS MAP CANNOT nnQLl OF 0nMWVVAMrV OR Z SALES, AND DOES NOT COMPLY WITH G.S. 47-30. REVISIONS 12/20/201 7- TH MAS SPEIGHT, JR. L-2448 LARRY KING & ASSOCIATES, R.L.S., P.A. S1 TE MAP WETLANDS IJJJ MORGANTON ROAD WETLANDS SRW-COMMERCIAL FAYETTEVILLE. NC 28305 SRW - COMMERCIAL CUMBERLAND COUNTY, NORTH CAROLINA NC FIRM (9 10) 48,3-4JO0 C-0887 _T_ SCALE: I"=100' DRWN BY: MLB DATE: OCT. 05/111 2 OF 3 'GRAPHIC SCALE 100 0 50 100 200 ( IN FEET ) 1 inch = 100 ft. 400 O O ti O O ti Ck 6 0- 91 WETLAND SURVEYS FOR SIGNATURE CD N 0 E REVISIONS 12/20/2011) 12/21/2011 1 .TIJT?T;TITC'TT0NTAT. gTPP.ARA LINE TABLE a o TITLE m Li THIS CEf{TTFIES THAT THIS PLAT ACCURATELY DEPICTS THE DATE: 2 a BOUNDARY OF THE JURISDICTION OF SECTION 404 OF THE CLEAN j EXPRIATION DATE OF DELINEATION: WATER ACT AS DETERMINED BY THE UNDERSIGNED ON THIS DATE_ N81 °17'48 "E A t0 VICINITY MAP a N USACE ACTION ID- - -- UNLESS THERE IS A CHANGE IN THE LAW OR OUR PUBLISHED L5 L6 75.78 67.72 N83 °35'55 E S67 °10'02 "E REGULATIONS. THIS DET'ERMRdATION MAY BE ftEL[ED UPON FOR A 52.87 WETLAND SURVEY WAS DRAWN UNDER MY PERIOD OF FIVE YEARS FROM THIS DATE. THIS DETERMINATION SUPERVISION FROM DEED BOOK 5345___, S41 °57'48 "E WAS MADE UTILIZING THE APPROPRIATE REGIONAL. SUPPLEMENT' TO 0 SITE THE 1987 CORPS OF ENGINEERS WE-fLANDS DELINEATION MANUAL v u� _ S67°28724' W SUBDIVISION OF PROPERTY. THIS MAP 41.63 CANNOT BE USED FOR THE PURPOSE OF RAEFORD RD a SIGNATURE. U.S. ARNY CORPS OF ENGINEERS OFFICIAI. REVISIONS 12/20/2011) 12/21/2011 1 .TIJT?T;TITC'TT0NTAT. gTPP.ARA LINE TABLE a o TITLE m Li UO DATE: 2 a 9542 j EXPRIATION DATE OF DELINEATION: VICINITY MAP NTS F N81 °17'48 "E A t0 VICINITY MAP a N USACE ACTION ID- - -- NOT TO SCALE W L5 L6 75.78 67.72 N83 °35'55 E S67 °10'02 "E I, THE UNDERSIGNED, CERTIFY THAT THIS 52.87 WETLAND SURVEY WAS DRAWN UNDER MY L8 SUPERVISION FROM DEED BOOK 5345___, S41 °57'48 "E PAGE _ 816 _ _ TO ESTABLISH WETLANDS 50.70 FOR PERMITTING ONLY. IT IS NOT THE LSO INTENTION OF THIS MAP TO CREATE A _ S67°28724' W SUBDIVISION OF PROPERTY. THIS MAP 41.63 CANNOT BE USED FOR THE PURPOSE OF L12 CONVEYANCE OR SALES, AND DOES NOT S86 °47'37 "W COMPLY WITH G.S. 47 -30; THAT THIS 35.45 SURVEY HAS BEEN PREPARED IN L14 ACCORDANCE WITH THE STANDARDS OF N69 °21'09 "W WETLAND PLATTING AS ESTABLISHED BY THE 38.91 U.S. ARMY CORPS OF ENGINEERS. WITNESS LI6 MY ORIGINAL SIGNATURE, LICENSE NUMBER S67 °11'28 "W AND SEAL THIS 21ST DAY OF DECEMBER 82.62 2011. - I 4; THOMAS �L SPA T TR. -2448 38.34 N67 °25'55 "W L20 WETLAND AREA N43 °38'2$ "S4 LINE TABLE 35.38 - .a LINE I LENGTH BEARING L23 11ti, a REVISIONS 12/20/2011) 12/21/2011 1 .TIJT?T;TITC'TT0NTAT. gTPP.ARA LINE TABLE LINE LENGTH BEARING Li 235.56 N80 °31'04 "E L2 9542 S77 °38'40 °E _ L3 85.41 N81 °17'48 "E L4 53.49 N89 °43'40 "E L5 L6 75.78 67.72 N83 °35'55 E S67 °10'02 "E L7 52.87 S55 °48'37 °E L8 57.11 S41 °57'48 "E L9 50.70 S55 °40'57 "E LSO 202.95 _ S67°28724' W Lil 41.63 N47°14'02 "W L12 36.73 S86 °47'37 "W L13 35.45 S74 °38'55 "W L14 59.23 N69 °21'09 "W L15 38.91 86n6'42 "?7 LI6 60.58 S67 °11'28 "W L17 82.62 S75 °53 L18 37.20 _ N56 °07'34 "W L19 38.34 N67 °25'55 "W L20 36.20 N43 °38'2$ "S4 L21 35.38 N48 °4915 "a9 L22 42.37 N48 °43'50 "W L23 43.73 N29 °25'51 "Yv L24 42.50 N25 °10'221-77 REVISIONS 12/20/2011) 12/21/2011 1 .TIJT?T;TITC'TT0NTAT. gTPP.ARA LINE TABLE LINE LENGTH BEARING L32 65.55 S6_3 °_41'12 "E L33 _ 19.58 S64'11' 53"E L34 14.98 S08 °28'05 "E L35 22.84 S52 °33'08 "E L36 39.85 574°37'34 "E L37 32.14 S39 °19'30 "E LL38 ( 42.40 S10 °39'33 "E r i I � \ \ �t I, ��@• ` � "� I I � il`�-"�.'ti v \ v v �y.�" - -- --ter v �� vv I , RAEFORD` Ros G, LYdi� I MARCH F R47DL+ �� \ ' i _. \ 8474/492 /. 1 A - - -- I � I \ i a a \ a r i I � \ \ �t I, ��@• ` � "� I I � il`�-"�.'ti v \ v v �y.�" - -- --ter v �� vv I , RAEFORD` Ros G, LYdi� I MARCH F R47DL+ �� \ ' i _. \ 8474/492 /. 1 A - - -- I CURATELY "Emm THE BOUNDARY OF THE TuRisDicrION OF SECTION 4D4 OF THE CLEAN WATER ACT AS DETERMINED BY THE UNDERSIGNED ON THIS DATE. UNLESS THERE IS A CHANGE IN THE LAW OR OUR PUBLISHED REGULATIONS, THIS DETERMINATION MAY BE RELIED UPON FORA c� o PERIOD 8 CE—ES THAT — PLAT AC OF FIVE YEARS FROM THIS DATE. THIS DETERMINATION WAS MADE UTILIZING THE APPROPRIATE REGIONAL SUPPLEMENT TO TDE 1987 CORPS OF ENGINEERS WETLANDS DELINEATION MANUAL. SITE RAEFORI) RD SIGNATURE, U.S. ARMY CORPS OF ENGINEERS OFFICIAL 01:1 ;1 l i � 11% \ I I I TITLE C) 'o DATE' A --A EXPRIATION DATE OF DELINEATION' -- VICINITY TS ITY MAP USACE ACTION ID VICINITY MAP NOT TO R AE�ORD'\�I 1, THE UNDERSIGNED, CERTIFY THAT THIS RI WETLAND SURVEY WAS DRAWN UNDER MY MARCH F. DDLt\ \8474/492 qR� NG, LLC- SUPERVISION FROM DEED BOOK 5345_--, 4699/43 PAGE _J1193 TO ESTABLISH WETLANDS FOR PERMITTING ONLY. IT IS NOT THE 0 P t INTENTION OF THIS MA TO CREATE A SUBDIVISION OF PROPERTY. THIS MAP -EMSTING-- S wo R LINE CANNOT BE USED FOR THE PURPOSE OF CONVEYANCE OR SALES, AND DOES NOT o COMPLY WITH G.S. 47-30; THAT THIS SURVEY HAS BEEN PREPARED IN ACCORDANCE WITH THE STANDARDS OF WETLAND PLATTING AS ESTABLISHED BY THE U.S. ARMY CORPS OF ENGINEERS, WITNESS 4Z, o MY ORIGIN A L SIGNATURE, LICENSE NUMBER N, AND SEAL THIS 21ST DAY OF DECEMBER A-1, I E BER N 2011 I l, 1 Ct 1 .9 / � I X �4"RCP' VE '17 ,INV THOMAS S. ,EIGHT, JR. L-2448 N, WETLAND AREA LINE SUP TABLE ry LINE LENGTH BEARING ti Ll 235.56 N80'31'04"E L2 95.42 z ti� S77'36'40"E 3: L3 65.41 7 N81*17'46"E ja 82 L4 53.49 NB9'43'40"E L5 75.78 N83'35'55"E L6 67.72 S67*10'02"E JURISDICTIONAL STREAM B-A Lu L7 52.87 S5548'37"E ct L8 57.11 541 °57'48 "E L9 50.70 �1� -4 '1 US 1 057 U) LSO 202.95 867'28'24')V Lll 41.63 N47°14'02'V L12 36.73 S86-47'37-W L13 35.45 874* 8 y L14 59.23 N69 °21'09"W S66"1642-q LINE TABLE LINE LENGTH BEARING L32 65.55 863'41'12"E L33 19.58 S64'11'53"E L34 14.98 S08*28'05"E L35 22.84 S52'33'08"E L36 39.85 S74'37'34"E 32.14 S39*1 42.40 I SI0 *39'33"E A 1lv1uKbAl1v1u1v t�UAL) uj FAY,LETTEVILLE-, NC 28J05 NC FIRM tn (910) 405J-4J00 Q---0887 SRW—COMPERCIAL CUMBERLAND RL �01)V,'� UMBERAND COUNTY NORTH CAROLINA CT 05/1 L DF41il� BY; MLB DA',,---- nfT ? Q 2 ( IN FEET ) 1 inch = 109 It,