20071115 Ver 1_401 Application_20070607

~ Kimley-Horn
~ ^ and Associates, Inc.
June 20, 2007
Ms. Jennifer Frye
Asheville Regulatory Field Office
69 Darlington Avenue
Wilmington, NC 28403
Ms. Cyndi Karoly
NC Division of Water Quality
2321 Crabtree Blvd.
Suite 250
Raleigh, North Carolina 27604
~~ pAT
~~ ___..
Re: Beaverdam Swamp Stream and Wetlands Restoration Project
EEP Full Delivery Project (Project Number D06029-B)
NWP # 27 Application Submittal
Harnett County, North Carolina
Dear Ms. Frye and Ms. Karoly:
On behalf of our client, Environmental Banc & Exchange, Kimley-Horn and
Associates, Inc. is submitting the enclosed joint Section 404/401 Pre-
Construction Notification for the above reference project for your review
pursuant to Nationwide Permit number 27, and Genera1401 Water Quality
Certification number 3626. The following information is included as part of the
application submittal:
• Pre-Construction Notification Application
• Agent Authorization Letter
• Ecosystem Enhancement Concurrence Letter
• Site Location Map
• USGS Topographic Map
• NRCS Soils Map
• Aerial and Wetland Map
• Project Plans
• Site Photographs
• DWQ Stream Identification Form
• Wetland Determination Forms
07- 1 1 1 5
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P.0 Box 33068
Raleigh, North Carolina
27636.3068
^
TEL [phone]
FAX [phone]

~ Kimley-Horn Ms. Jones and Ms. Karoly, May 17, 2007, Pg. 2
^ ~ ^ and Associates, Inc.
If there is any additional information you need or any way we can assist in
expediting the processing of this application, please do not hesitate to contact me
at [phone].
Very truly yours,
KIMLEY-HORN AND ASSOCIATES, INC.
~~
Todd St. John, .E.
Enclosures
Cc: Norton Webster
Environmental Banc & Exchange
909 Capability Drive, Suite 3100
Raleigh, NC 27606

Office Use Only: Form Version March OS
07-1115
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 +, ~ , ;,
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 27
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 Manag ~
Environmental Concern (see the top of page 2 for further details), check here: ~~ ~L'rs'~
~~'
JUN 2 5 app j
II. Applicant Information
~DENR • WATER C~Uftl~ i Y
1. Owner/Applicant Information ~~° BYO srnr~~nt~a eaAN,GH
Name: Norton Webster, Environmental Banc and Exchange, Southeast Regional Office
Mailing Address: 909 Capability Drive, Suite 3100
Raleigh, NC 27606
Telephone Number: [phone] Fax Number:~919) 829-9913
E-mail Address: Norton(a,ebxusa.com
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: Todd St. John
Company Affiliation: Kimley-Horn and Associates, Inc.
Mailing Address: 3001 Weston Parkway, Cary, North Carolina 27513
Telephone Number: [phone] Fax Number: (9191) 653-2950
E-mail Address: Todd.StJohn(a,Kimley-Horn.com
Page 5 of 13

III. Project Information
Attach a vicinity map clearly showing the location of the property with respect to local
landmarks 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 maybe 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: Beaverdam Swamp Stream and WetlandRestoration Project
2.T.I.P. Project Number or State Project Number (NCDOT Only):
3.Property Identification Number (Tax PIN):
4.Location
County: Harnett Nearest Town: Erwin
Subdivision name (include phase/lot number):
Directions to site (include road numbers/names, landmarks, etc.): From Raleigh take US
401 south and turn left onto NC-55 heading south. Continue on NC-55 and mere onto NC-
82 throu¢h Erwin NC. Finally take NC-217 and bear left onto Beaver Dam Road. See
Figures 1 and 2 in attached Restoration Plan for the project site vicinity and site location
maps
S.Site coordinates (For linear 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): 35-17-13.56 °N 78-42-10.43 °W
6.Property size (acres): Approximately 50 acres
7.Name of nearest receiving body of water: Cape Fear River and Beaverdam Swamp
8.River Basin: Cape Fear River Basin
(Note -this must be one of North Carolina's seventeen designated major river basins. The
River Basin map is available at http://h2o.enr.state.nc.us/admin/maps/.)
Page 6 of 13

9. Describe the existing conditions on the site and general land use in the vicinity of the project
at the time of this application: See the attached Stream and Wetland Restoration Plan
for Beaverdam Swamp Site and elan sheets.
10. Describe the overall project in detail, including the type of equipment to be used: This project
is a Full Delivery Mitigation Project for the EEP. See the attached Stream and Wetland
Restoration Plan for Beaverdam Swamp Site and plan sheets. The equipment will include
track hoes pans and other grading equipment typical for that used for stream and wetland
restoration projects.
10. Explain the purpose of the proposed work: The proposed work will provide an ecological and
functional improvement to the existing s st~y restoring the stream and riparian wetland
habitat to a stream type and vegetative community for the given valley and watershed
conditions. See the attached Stream and Wetland Restoration Plan for Beaverdam Swamp
Site and plan sheets.
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. None
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.
None anticipated except for some possible non-riparian wetland restoration.
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,
Page 7 of 13

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 maybe 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: See the attached Stream and
Wetland Restoration Plan for Beaverdam Swamp Site and plan sheets.
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,
separately list impacts due to both structure and flooding.
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
(yes/no) Distance to
Nearest
Stream
(linear feet Area of
Impact
(acres)
Wetland C Wetland Enhancement Mostly non-forested with
some small trees yes 0 2.1

Total Wetland Impact (acres) 2.1
3. List the total acreage (estimated) of all existing wetlands on the property: 2_1
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
must he inchided_ To calculate acreage. multiply lenuth X width, then divide by 43,560.
Stream Impact Perennial or Average Impact Area of
Number Stream Name Type of Impact Intermittent? Stream Width Length Impact
(indicate on ma) Before Im act (linear feet (acres)

UTl
UT1 Temporary/ PerenniaUint 3 to 4 feet
4,891
0.4
Relocation ermittent
4 to 5 feet
UT2 UT2 Temporary/ Perennial 1,137 0.1
Relocation
Page 8 of 13

UT3
UT3 Temporary/
Relocation
Perennial 3 to 6 feet
3,510
0.4

Total Stream Impact (by length and acreage) 9,538 0.9
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
fill, excavation, dred~in~, flooding, drainage, bulkheads, etc.
Open Water Impact

Site Number
(indicate on ma)
Name of Waterbody
(if applicable)

Type of Impact Type of Waterbody

(lake, pond, estuary, sound, bay,
ocean, etc.) Area of

Impact
(acres)

Total Open Water Impact (acres)
6. List the cumulative impact to all Waters of the U.S. resulting from the project:
Stream Impact (acres): 0.9
Wetland Impact (acres): 2.1
Open Water Impact (acres): 0
Total Impact to Waters of the U.S. (acres) 0.9
Total Stream Impact (linear feet): 9,538
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
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:
Page 9 of 13

VII. Impact Justification (Avoidance and Minimization)
Specifically describe measures taken to avoid the proposed impacts. It maybe 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 minimized once the desired site plan was developed. If applicable, discuss construction
techniques to be followed during construction to reduce impacts. The goal of the proposed
restoration is to correct the current impairment issues and improve the ecological function of the
stream and wetland system. Benefits will include improved water quality by reducing sediment
load through fencing out livestock, stabilization, reducing the input of nutrients, and other
pollutants by establishing a forested riparian buffer planted with native species.
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.
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/strmgide.html.
1. 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
Page 10 of 13

description of the current site conditions and proposed method of construction. Please attach
a separate sheet if more space is needed.
No proposed mitigation because the project purpose is to improve aquatic function within
the s,, s
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): NA
Amount of buffer mitigation requested (square feet): NA
Amount of Riparian wetland mitigation requested (acres): NA
Amount ofNon-riparian wetland mitigation requested (acres): NA
Amount of Coastal wetland mitigation requested (acres): NA
IX. Environmental Documentation (required by DWQ)
Does the project involve an expenditure of public (federaUstate/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)
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
Page 11 of 13

2B .0250 (Randleman Rules and Water Supply Buffer Requirements), or other (please
identify )? Yes ^ No
2. 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 multipliers.
Zone* I Impact I Multiplier I Required
(square feed Mitieation
2
Total
* Zone 1 extends out 30 feet perpendicu
additiona120 feet from the edge of Zone 1.
3 (2 for Catawba)
1.5
the top of the near bank of channel; Zone 2 extends an
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
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. NA
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.
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 an after-the-fact permit application? Yes ^ No
XIV. Cumulative Impacts (required by DWQ)
Page 12 of 13

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: Project
is a restoration activity and is expected to improve the aquatic function of this system.
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).
l / Ali
6/zo/Zpo
Applicant/Agen s Signature ,/ Da~e
(Agent's signature is val d only if an authorization letter from the applicant is provided.)
Page 13 of 13

Jun 20 07 09:12a Norton Webster 9198299913 p.2
AGENT AUTHORIZATION FORM
Name: EBX, LLC
Address:
Phone: [phone]
Project Name/Description: _Beaverdam Stream and Wetland Restoration
Date: -June 18, 2007_
The Department of the Army
U.S. Army Corps of Engineers, Wilmington District
Attention: _
Fie]d Office
Re: Wetland Related Consulting and Permitting
To Whom It May Concern:
I, the current property owner, hereby desigilate and authorize Kimley-Horn and
Associates, Inc. to act in mylour behalf as my/our agent solely for the purpose of
processing of Section 404 permits and Section 401 Water Quality Certifications
applications and to furnish upon request supplemental information in support of
applications, etc. from this day forward until successful completion of the pei7nitting
process or revocation by the owner.
Authorized this the ~ day of ~,e. 2oy ~
Nc~~-~ I~VG ~5'r"-
Print Property Owner's Name ro erty wner's Signature
CC: Cindy Karoly,
N.C. Wetlands Unit
1621 Mail Service Center
Raleigh, N. C. 27699-1621

June 6, 2007
Mr Norton Webster
Environmental Banc and Exchange
909 Capability Drive, Suite 3100
Raleigh, North Carolina 27606
Subject: Beaverdam Swamp Stream and Wetland Restoration Site
Stream Restoration Plan Review
Cape Fear River Basin -Cataloging Unit 03030004
Harnett County
Contract # D06029-B
Dear Mr. Webster:
On May 1, 2007 Environmental Banc and Exchange submitted a Restoration Plan for the subject site.
The plan proposes to restore and enhance reaches of two (2) unnamed tributaries that flow into
Beaverdam Swamp, and one (1) unnamed tributary that flows directly into the Cape Fear River. In
addition, the project will restore 11.2 acres and enhance 2.1 acres of riparian wetland. Appropriate
vegetation will be planted along the riparian corridor and in the restored/enhanced wetland areas.
Successful completion'of the project will improve water quality by significantly reducing sediment and
nutrient loading caused by cattle access to the streams, and restore riparian corridor habitat that was lost
when the site was deforested for use as pasture land. Successful completion of the project will generate
approximately 10,117 Stream Mitigation Units and 12.2 Riparian Wetland Mitigation Units.
The Ecosystem Enhancement Program (EEP) has completed its review of the restoration plan and has no
additional comments at this time. Please proceed with acquiring all necessary permits and/or
certifications and complete the implementation of the earthwork portion of the mitigation project (Task
4). A copy of this letter should be included with your 401/404 permit applications.
For the purpose of obtaining approval of the erosion and sedimentation control plan for this project, I
have also attached a memorandum confirming that Environmental Banc and Exchange, LLC is the Owner
and Financially Responsible Party, and has full operational control for. all matters pertaining to
construction of this project. Please sign and attach this memorandum to the Financial
Responsibility/Ownership form of the erosion and sedimentation control plan application. Failure to do
so may delay approval of the plan.
If you have any questions, or wish to discuss this matter further, please contact me at [phone] or
email at euy.pearce cr,ncmaila~et.
Sinperely,
~}T ~~t\ -.. ---.~--.
Guy C. Ifearce
EEP Full Delivery Program Supervisor
cc: files