20070997 Ver 1_401 Application_20070607

~ ~
Engineering Consultants Inc.
PAYMENT
RECEIVED
07-0997
700 Blue Ridge Road, Suite 101 • Raleigh, NC 27606 • [phone] • FAX [phone]
TRANSMITTAL
TO: ' FROM:
40~ 1,~ ljor+.`~ ~ man ~-,rz~P~u.~
COMPANY: DATE:
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RE:
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^ URGEN'T' FOR REVIEW ^ PI,I?:NSF, COMMEN'T' ^ PLEAtiI: REPLY ^ PLEASE RF,CYCI,E
A"f'1'ACF-TED:
# Item
NO'I'l•S:
~° ~~C~~~~~~
JUN '7 2001
DEhIR -WATER QUALITY
rYETlAN04 a'~0 STO;tAJIWATFR BRA~JCIi

PAYMENT
RECEIVED
Office Use Only: Form Version March OS
USACE Action ID No. DWQ No.
(If any particular item is not applicable to this project, please enter "Not Applicable" or "N/A".)
I. Processing 0 7- 0 9 9 7
1. Check all of the approval(s) requested for this project:
® Section 404 Permit ^ Riparian or Watershed Buffer Rules
^ Section 10 Permit ^ Isolated Wetland Permit from DWQ
® 401 Water Quality Certification ^ Express 401 Water Quality Certification
2. Nationwide, Regional or General Permit Number(s) Requested: Nationwide Permit 14
3. If this notification is solely a courtesy copy because written approval for the 401 Certification
is not required, check here: ^
4. If payment into the North Carolina Ecosystem Enhancement Program (NCEEP) is proposed
for mitigation of impacts, attach the acceptance letter from NCEEP, complete section VIII,
and check here: ^
5. If your project is located in any of North Carolina's twenty coastal counties (listed on page
4), and the project is within a North Carolina. Division of Coastal Management Area of
Environmental Concern (see the top of page 2 for further details), c D e~~'. ~~
II. Applicant Information
:JUN 7 2007
1. Owner/Applicant Information
Name: Kenn Eason DENR -WATER gUALITY
Mailing Address: Le~;end Builders
400 Carl Street Suite 202
Wilmington, North Carolina 28403
Telephone Number: 910.264.3479 Fax Number:
E-mail Address:
2. Agent/Consultant Information (A signed and dated copy of the Agent Authorization letter
must be attached if the Agent has signatory authority for the owner/applicant.)
Name: Christopher W. Hay
Company Affiliation: Trigon En 'ng~s Bering Consultants, Inc.
Mailing Address:_ 313 Gallimore Dairy Road
Greensboro, North Carolina 27409
Telephone Number: 336.668.0093 Fax Number: 336.668.3868
E-mail Address: chay_(a)trigoneng.com
upaatea i innoos
Page 5 of 12

III. Project Information
Attach a vicinity map clearly showing the location of the property with respect to local
landmazks such as towns, rivers, and roads. Also provide a detailed site plan showing property
boundaries and development plans in relation to surrounding properties. Both the vicinity map
and site plan must include a scale and north arrow. The specific footprints of all buildings,
impervious surfaces, or other facilities must be included. If possible, the maps and plans should
include the appropriate USGS Topographic Quad Map and NRCS Soil Survey with the property
boundaries outlined. Plan drawings, or other maps may be included at the applicant's discretion,
so long as the property is clearly defined. For administrative and distribution purposes, the
USACE requires information to be submitted on sheets no larger than 11 by 17-inch format;
however, DWQ may accept paperwork of any size. DWQ prefers full-size construction
drawings rather than a sequential sheet version of the full-size plans. If full-size plans are
reduced to a small scale such that the final version is illegible, the applicant will be informed that
the project has been placed on hold until decipherable maps are provided.
1. Name of project: Hoover Road Subdivision
2. T.I.P. Project Number or State Project Number (NCDOT Only):_
3. Property Identification Number (Tax PIN): 3283-71-6618-0000
4. Location
County: Pender Nearest Town: Hampstead
Subdivision name (include phase/lot number): Hoover Road Subdivision. Tract 2
Directions to site (include road numbers/names, landmarks, etc.): From I-40, take US 17N
exit toward Topsail Beach/New Bern. Turn left onto Hoover Road. The site is on the left,
just after Renee Drive.
5. Site coordinates (For lineaz projects, such as a road or utility line, attach a sheet that
separately lists the coordinates for each crossing of a distinct waterbody.)
Decimal Degrees (6 digits minimum}: 34.3797 °N 77.7145 °W
6. Property size (acres): 76.72
7. Name of nearest receiving body of water: Harrisons Creek
8. River Basin: Cape Feaz
(Note -this must be one of North Carolina's seventeen designated major river basins. The
River Basin map is available at httn://h2o.enr.state.nc.us/admin/maps/.)
9. Describe the existing conditions on the site and general land use in the vicinity of the project
at the time of this application: The site is currentlyvacant of anX structures and consists of
trees greater than 6-8 inches in diameter. Land use in the vicinity of the site includes _a
school residential properties and undeveloped properties
Updated 11!1!2005
Page 6 of 12

10. Describe the overall project in detail, including the type of equipment to be used:
Development of the site will include subdividing the parcel into sixteen lots. Ten of the lots
are proposed to be developed with residences and the remaining, lots will be used as open
space areas and a septic area Gradi~ and utility construction will include the use of
bulldozers loaders dump trucks and backhoes or truckhoes.
11. Explain the purpose of the proposed work: To provide access to upland portions of the
property The property is almost entirely bordered by wetlands with no alternate access.
IV. Prior Project History
If jurisdictional determinations and/or permits have been requested and/or obtained for this
project (including all prior phases of the same subdivision) in the past, please explain. Include
the USACE Action ID Number, DWQ Project Number, application date, and date permits and
certifications were issued or withdrawn. Provide photocopies of previously issued permits,
certifications or other useful information. Describe previously approved wetland, stream and
buffer impacts, along with associated mitigation (where applicable). If this is a NCDOT project,
list and describe permits issued for prior segments of the same T.I.P. project, along with
construction schedules. No permits have t~reviously been requested for this project.
V. Future Project Plans
Are any future permit requests anticipated for this project? If so, describe the anticipated work,
and provide justification for the exclusion of this work from the current application.
No future~ernut requests are anticipated for this ,proiect
VI. Proposed Impacts to Waters of the United States/Waters of the State
It is the applicant's (or agent's) responsibility to determine, delineate and map all impacts to
wetlands, open water, and stream channels associated with the project. Each impact must be
listed separately in the tables below (e.g., culvert installation should be listed separately from
riprap dissipater pads). Be sure to indicate if an impact is temporary. All proposed impacts,
permanent and temporary, must be listed, and must be labeled and clearly identifiable on an
accompanying site plan. All wetlands and waters, and all streams (intermittent and perennial)
should be shown on a delineation map, whether or not impacts are proposed to these systems.
Wetland and stream evaluation and delineation forms should be included as appropriate.
Photographs may be included at the applicant's discretion. If this proposed impact is strictly for
wetland or stream mitigation, list and describe the impact in Section VIII below. If additional
space is needed for listing or description, please attach a separate sheet.
1. Provide a written description of the proposed impacts: Proposed impacts will include fi11inQ
portions of the wetlands to provide an access drive from Hoover Road. Hoover Road is the
onl}! yublic access to the property Wetlands border the entire west side of the parcel
adiacent to Hoover Road The right-of--way has been reduced to 28 feet wide at the location
impacting the least amount of wetlands to minimize impacts.
Updazed 11/12005
Page 7 of 12

2. Individually list wetland impacts. Types of impacts include, but are not limited to
mechanized clearing, grading, fill, excavation, flooding, ditching/drainage, etc. For dams,
.-.,+nl<.l;o+;m.,~n+e rl„a+n hn+}, etn,r4„ra anll flnnll;n0
Wetland Impact ^

Site Number
(indicate on map)

Type of Impact Type of Wetland

(e.g., forested, marsh,
herbaceous, bog, etc.) Located within
100-year
Floodplain
es/no Distance to
Nearest
Stream
linear feet Area of
Impact
(acres)
1 Fill Forested No 2,400 0.426
2 Fill Forested No 1,200 0.051

Total Wetland Impact (acres) 0.476
3. List the total acreage (estimated) of all existing wetlands on the property: 39.31
4. Individually list all intermittent and perennial stream impacts. Be sure to identify temporary
impacts. Stream impacts include, but are not limited to placement of fill or culverts, dam
construction, flooding, relocation, stabilization activities (e.g., cement walls, rip-rap, crib
walls, gabions, etc.), excavation, ditching/straightening, etc. If stream relocation is proposed,
plans and profiles showing the linear footprint for both the original and relocated streams
.,,,,o+ ho ;,,.,h,.lA.~ Tn ralnnlatP arrr~aaP m„lt;nly lPnoth X width_ then divide by 43.560.
Stream Impact
Number
indicate on m
Stream Name
Type of Impact Perennial or
Intermittent? Average
Stream Width
Before ]in act Impact
Length
linear feet Area of
Impact
acres
NA

Total Stream Impact (by length and acreage)
5. Individually list all open water impacts (including lakes, ponds, estuaries, sounds, Atlantic
Ocean and any other water of the U.S.). Open water impacts include, but are not limited to
X11 avnwfl+inn ilra~lmna flnnrl;na rlrainavP hnikheade etc_
Open Water Impact
Site Number
indicate on ma
Name of Waterbody
(~ applicable)
Type of Impact Type of Waterbody
(lake, pond, estuary, sound, bay,
ocean, etc. Area of
Impact
acres
NA

Total Open Water Impact (acres)
Updated 11!1!2005
Page 8 of 12

6. List the cumulative im act to all Waters of the U.S. resultin from the ro'ect:
Stream Im act acres): 0.0
Wetland Im act acres : 0.476
O n Water Im act acres : 0.0
Total Im act to Waters of the U.S. acres) 0.476
Total Stream Im act linear feet): 0.0
7. Isolated Waters
Do any isolated waters exist on the property? ^ Yes ®No
Describe all impacts to isolated waters, and include the type of water (wetland or stream) and
the size of the proposed impact (acres or linear feet). Please note that this section only
applies to waters that have specifically been determined to be isolated by the USACE.
8. Pond Creation NA
If construction of a pond is proposed, associated wetland and stream impacts should be
included above in the wetland and stream impact sections. Also, the proposed pond should
be described here and illustrated on any maps included with this application.
Pond to be created in (check all that apply): ^ uplands ^ stream ^ wetlands
Describe the method of construction (e.g., dam/embankment, excavation, installation of
draw-down valve or spillway, etc.):
Proposed use or purpose of pond (e.g., livestock watering, irrigation, aesthetic, trout pond,
local stormwater requirement, etc.):
Current land use in the vicinity of the pond:
Size of watershed draining to pond: Expected pond surface area:
VII. Impact Justification (Avoidance and Minimization)
Specifically describe measures taken to avoid the proposed impacts. It may be useful to provide
information related to site constraints such as topography, building ordinances, accessibility, and
financial viability of the project. The applicant may attach drawings of alternative, lower-impact
site layouts, and explain why these design options were not feasible. Also discuss how impacts
were minimised once the desired site plan was developed. If applicable, discuss construction
techniques to be followed during construction to reduce impacts. The property is only accessible
from Hoover Road Wetlands are adjacent to the entire length of the roadway frontage and
throughout the interior of the property Therefore the proposed site plan was developed so the
access road (Trenney Lea Drive) would create the least amount of impacts
VIII. Mitigation
DWQ - In accordance with 15A NCAC 2H .0500, mitigation may be required by the NC
Division of Water Quality for projects involving greater than or equal to one acre of impacts to
freshwater wetlands or greater than or equal to 150 linear feet of total impacts to perennial
streams.
Updated 11/1/2005
Page 9 of 12

USACE - In accordance with the Final Notice of Issuance and Modification of Nationwide
Permits, published in the Federal Register on January 15, 2002, mitigation will be required when
necessary to ensure that adverse effects to the aquatic environment are minimal. Factors
including size and type of proposed impact and function and relative value of the impacted
aquatic resource will be considered in determining acceptability of appropriate and practicable
mitigation as proposed. Examples of mitigation that may be appropriate and practicable include,
but are not limited to: reducing the size of the project; establishing and maintaining wetland
and/or upland vegetated buffers to protect open waters such as streams; and replacing losses of
aquatic resource functions and values by creating, restoring, enhancing, or preserving similar
functions and values, preferable in the same watershed.
If mitigation is required for this project, a copy of the mitigation plan must be attached in order
for USACE or DWQ to consider the application complete for processing. Any application
lacking a required mitigation plan or NCEEP concurrence shall be placed on hold as incomplete.
An applicant may also choose to review the current guidelines for stream restoration in DWQ's
Draft Technical Guide for Stream Work in North Carolina, available at
http•//h2o enr state nc us/ncwetlands/strm~ide.html.
Provide a brief description of the proposed mitigation plan. The description should provide
as much information as possible, including, but not limited to: site location (attach directions
and/or map, if offsite), affected stream and river basin, type and amount (acreage/linear feet)
of mitigation proposed (restoration, enhancement, creation, or preservation), a plan view,
preservation mechanism (e.g., deed restrictions, conservation easement, etc.), and a
description of the current site conditions and proposed method of construction. Please attach
a separate sheet if more space is needed.
2. Mitigation may also be made by payment into the North Carolina Ecosystem Enhancement
Program (NCEEP). Please note it is the applicant's responsibility to contact the NCEEP at
[phone] to determine availability, and written approval from the NCEEP indicating
that they are will to accept payment for the mitigation must be attached to this form. For
additional information regarding the application process for the NCEEP, check the NCEEP
website at http•//h2o enr.state.nc.us/wrp/index.htm. If use of the NCEEP is proposed, please
check the appropriate box on page five and provide the following information:
Amount of stream mitigation requested (linear feet):
Amount of buffer mitigation requested (square feet):
Amount of Riparian wetland mitigation requested (acres):
Amount ofNon-riparian wetland mitigation requested (acres):
Amount of Coastal wetland mitigation requested (acres):
Updated 11/112005
Page 10 of 12

IX. Environmental Documentation (required by DWQ)
1. Does the project involve an expenditure of public (federal/state/local) funds or the use of
public (federaUstate) land? Yes ^ No
2. If yes, does the project require preparation of an environmental document pursuant to the
requirements of the National or North Carolina Environmental Policy Act (NEPA/SEPA)?
Note: If you are not sure whether a NEPA/SEPA document is required, call the SEPA
coordinator at [phone] to review current thresholds for environmental documentation.
Yes ^ No ^
3. If yes, has the document review been finalized by the State Clearinghouse? If so, please
attach a copy of the NEPA or SEPA final approval letter. Yes ^ No ^
X. Proposed Impacts on Riparian and Watershed Buffers (required by DWQ)
2.
It is the applicant's (or agent's) responsibility to determine, delineate and map all impacts to
required state and local buffers associated with the project. The applicant must also provide
justification for these impacts in Section VII above. All proposed impacts must be listed herein,
and must be clearly identifiable on the accompanying site plan. All buffers must be shown on a
map, whether or not impacts are proposed to the buffers. Correspondence from the DWQ
Regional Office may be included as appropriate. Photographs may also be included at the
applicant's discretion.
1. Will the project impact protected riparian buffers identified within 15A NCAC 2B .0233
(Meuse), 15A NCAC 2B .0259 (Tar-Pamlico), 15A NCAC 02B .0243 (Catawba) 15A NCAC
2B .0250 (Randleman Rules and Water Supply Buffer Requirements), or other (please
identify _ )? Yes ^ No
If "yes", identify the square feet and acreage of impact to each zone of the riparian buffers.
If buffer mitigation is required calculate the required amount of mitigation by applying the
buffer multi liers.
*
Zone ~pa~

s uare feet
Multiplier Required
Miti ation
1 3 (2 for Catawba)
2 1.5
Total
* Zone 1 extends out 30 feet perpendicular from the top of the near bank of channel; Zone 2 extends an
additiona120 feet from the edge of Zone 1.
3. If buffer mitigation is required, please discuss what type of mitigation is proposed (i.e.,
Donation of Property, Riparian Buffer Restoration /Enhancement, or Payment into the
Riparian Buffer Restoration Fund). Please attach all appropriate information as identified
within 15A NCAC 2B .0242 or .0244, or .0260. NA
Updated 11/1/2005
Page 11 of 12

XI. Stormwater (required by DWQ)
Describe impervious acreage (existing and proposed) versus total acreage on the site. Discuss
Stormwater controls proposed in order to protect surface waters and wetlands downstream from
the property. If percent impervious surface exceeds 20%, please provide calculations
demonstrating total proposed impervious level. The total acre~e of the site is 76.72 acres.
Proposed roadways (1 30 acres) and proposed development (maximum 12 72 acresl combine for
a total of 14 02 acres of~pro„posed impervious area This equals 18 percent of the total site area.
XII. Sewage Disposal (required by DWQ)
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.
Wastewater generated at the site will be treated by a septic area located in the central portion of
the site.
XIII. Violations (required by DWQ)
Is this site in violation of DWQ Wetland Rules (15A NCAC 2H .0500) or any Buffer Rules?
Yes ^ No
Is this anafter-the-fact permit application? Yes ^ No
XIV. Cumulative Impacts (required by DWQ)
Will this project (based on past and reasonably anticipated future impacts) result in additional
development, which could impact nearby downstream water quality? Yes ^ No
If yes, please submit a qualitative or quantitative cumulative impact analysis in accordance with
the most recent North Carolina Division of Water Quality policy posted on our website at
http•//h2o.enr.state.nc.us/ncwetlands. If no, please provide a short narrative description: The
development is a 10-lot residential subdivision which is not anticipated to brine development to
the community --
XV. Other Circumstances (Optional):
It is the applicant's responsibility to submit the application sufficiently in advance of desired
construction dates to allow processing time for these permits. However, an applicant may
choose to list constraints associated with construction or sequencing that may impose limits on
work schedules (e.g., draw-down schedules for lakes, dates associated with Endangered and
Threatened Species, accessibility problems, or other issues outside of the applicant's control).
It would greatly reduce the risk for surface water impacts to complete site grading during dry
periods of the summer
2-~
Applicantf~gtlt's Signature Date
(Agent's signature is valid only if an authorization letter from the applicant is provided.)
Updated 11/18005
Page 12 of 12

• flay-21-2007 12:39pm From-Legend Builder's, Inc. 9107909033 T-331 P.002/002 F-544
v.s. Acv cogs or ~NO~~v~E~s
WILMINGTON DISTRICT
Action ld. 2006 32879 071 County- Fender U.S.G.S. Quad: Topsail
JURISDICTIONAL INFORMATION SHEET
Property Uwner: Legend Builders Agent: The 1iark E~ronp
Address: 4011 Carl Strcct attn: Byron IIateman
Suite 203 P.O. )lox 10136
Wilmington, NG 28403 Wilmington, NC 28404
Size and location ofproperty (waterbody, road nante/uttmber, town, etc_) The property is an undeveloped tract of land (76
acres) oft' Aoover Road in Fampstead.
!n the wake of the recent Supreme Court decisions in United States v. Rapanos and United Stags v. Curabell, the U.S. Army
Corps of F.nlrineers and the Environments! Protection Agency are examining the methods in which we describe and da•trment
jurisdictional determinations (JDs) pursuant to the Glean Water Act (CWA). 1n order to allow the Gorps and EPA to prepare and
issue substantive guidance, the Wilmington District is, in accordance with guidance from our Headquarters and to the extent
circumslanees allow, delaying making G'1NA jurisdictional determinations for areas. beyond the limits of traditional navigable
waters (Section 10 waters) until new guidance is isssued_
i am in rcccigl of the information you have provided to the U.S. Army Corps of Engineers regarding CWA jurisdiction over the
property described above. Based upon the regulations and guidance available to this agency prior to the decisions in United States
v. Rapanos and United States v. Carabell, it appears that the proposed jurisdictional boundaries you have provided to this office
arc accurate. IIowever, until final guidance is issued, I will not be able to make a final dcterrtination of CWA jurisdiction on the
referenced property_
Placement of dredged yr fill material within waters of the U5 anNor wetland.4 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 nuestions regarding this information
sheet and/or the Corps regulatory program, please contact Brad Shaver at 910-25146] 1.
Remarks: The site was visited by F,l.i~abeth Hair on 6/13/2006.
Corps Regulatory Official: _ .,.
Date 3/20/2007

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As Shown 4/26/07 ~.~~~ MapQuest
Proposed Hoover Road Subdivision
Hampstead, North Carolina
TQ~G~N Trigon Project No. 038-06-037
Trigon Engineering Consultants, Inc.
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Greensboro, North Carolina 27409 1

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313 Ga-limore Dairy Road
Greensboro, North Cazolina 27409
SCALE: I DATE: I APPROVED BY:
As Shown 4/26/07
Proposed Hoover Road Subdivision
Hampstead, North Carolina
Trigon Project No. 038-06-037
LOCAL VICINITY MAP
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313 Gallimore Dairy Road
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Proposed Hoover Road Subdivision
Hampstead, North Carolina
Trigon Project No. 038-06-037
USGS TOPOGRAPHIC MAP
TOPSAIL QUADRANGLE
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SEE PAVEMENT SECTJON
TYPICAL ROADWAY SECTION ON SHEETS C160, c161, & c162
STA. 10+00 TO STA. 10+73; STA, 17+35 TO STA. 29+29; STA. 30+08 TO END.
18' E-E
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Trigon Engineering Consultants, Inc.
313 Gallimore Dairy Road
Greensboro, North Carolina 27409
- - 3:1 MAX
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SCALE: I DATE: I APPROVED BY:
No Scale 5/21/07
Proposed Hoover Road Subdivision
Hampstead, North Carolina
Trigon Project No. 038-06-037
TYPICAL ROADWAY SECTIONS
FIGURE
7
SEE PAVEMENT SECTfON
ON SHEETS C160, C161, & C162
DRAWN BY:
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