20071166 Ver 1_401 Application_20070707

HAL OWEN & ASSOCIATES, INC.
SOIL & ENVIRONMENTAL SCIENTISTS
P.O. Box 400, 266 Old Coats Road
Lillington, NC 27546-0400
Phone [phone] / Fax [phone]
E-mail: [e-mail]
Mr. Ronnie Smith
Wilmington Regulatory Field Office
US Army Corps of Engineers 0 7- 1 1 6 6
Post Office Box 1890
Wilmington, NC 28402-1890
Reference: Lot 7, Riverside Estates
Cumberland County, North Carolina
USACE Action ID 200600167
Dear Mr. Smith,
The enclosed Pre-Construction Notification (PCN) has been prepared for the above
referenced property, located at 1533 Pepperchase Drive, west of River Road, Eastover Township,
Cumberland County, North Carolina. This PCN is provided in response to a Notice of
Unauthorized Activity issued by the US Army Corps of Engineers on 16 June 2006 and the
Notice of Violation issued by the NC Division of Water Quality on 9 May 2006. A wetland lies
in the center of the lot, which the builder impacted by mechanized land clearing and installation
of a driveway without permit approval. A restoration plan has been submitted for the non-
permanent wetland impacts, and the builder now seeks after-the-fact permit approval for 673
square feet of wetland impact associated with the driveway. It is our belief that the proposed
wetland impact can be authorized by USACE Nationwide Permit 29.
I trust that this provides all the information that you require to authorize the proposed impacts.
If you have any questions or need additional information, please feel free to contact me at your
convenience.
Sincerely,
Kn.,?.4-a- ?_,_Are,_??
Krissina B. Newcomb
Project Environmental Scientist I
CC: Johnny Johnson
BJ&M Construction Inc.
1420 Pepperchase Drive
Fayetteville, NC 28312
Division of Water Quality
401 /WetlandsUnit
1650 Mail Service Center
Raleigh, NC 27699-1650
J sl. L Vii/

Soil Science Investigations • Wetland Delineations, Permitting, and Consulting
Office Use Only: Form Version March 05
USACE Action ID No. DWQ No.
(If any particular item is not applicable to this project, please enter "Not Applicable" or "N/A".)
1. Processing
07-1166
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: NW 29
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), clel trtN 21
II. Applicant InformationA f?
.! J G ?00/
1. Owner/Applicant Information
'?E drb ??' k ? Ltt.rA.L'!(1
Name: Applicant: Johnny Johnson Nita, [i .--. I,,rF,TE?, Br ltdJ&j
Mailing Address: BJ&M Construction Inc.
1420 Pepperchase Drive
Fayetteville, NC 28312
Telephone Number: 910-483-7765 Fax Number: 910-323-0278
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: Hal Owen
Company Affiliation: Hal Owen & Associates, Inc.
Mailing Address: PO Box 400
Lillington, NC 27546
Telephone Number: [phone] Fax Number: [phone]
E-mail Address: halowengearthlink. net
Page 5 of 12
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 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: Lot 7 Riverside Estates
2. T.I.P. Project Number or State Project Number (NCDOT Only):
3. Property Identification Number (Tax PIN): 0448-48-3252
4. Location
County: Cumberland Nearest Town: Fayetteville
Subdivision name (include phase/lot number): Lot 7, Riverside Estates Subdivision
Directions to site (include road numbers/names, landmarks, etc.): From River Road and
Underwood Road in Favetteville. eo north on River Road 1000 feet. Turn left into
Riverside Estates on Pepperchase Drive. The site is located on the right at 1533 Pepperchase
Drive, opposite of Sandy Bay Circle.
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): 35.09147 ON 78.85134 °W
6. Property size (acres)
1.64 acres
7. Name of nearest receiving body of water: Cape Fear River (WS-IV; CA Index# 18-25.5)
8. River Basin: Cape Fear
(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/.)
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 front and rear portions of the lot have been cleared, and
the home has been partially built. Land use in the vicinity is residential, agricultural, and
industrial.
Page 6 of 12
10. Describe the overall project in detail, including the type of equipment to be used: The
driveway was constructed using a typical earthmoving equipment
11. Explain the purpose of the proposed work: residential housing
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.
NC DWQ, Notice of Violation, 9 May 2006
USACE, Notice of Unauthorized Activity, Action ID 200600167, 16 June 2006
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.
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: A driveway is necessary to
access the home requiring the addition of fill to 673 square feet of wetland.
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,
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
F(yes/no) an Distance to

Nearest
Stream
(linear feet) Area of

Impact
(acres)
1 Fill Forested No 0.015

Total Wetland Impact (acres) 0.015
3. List the total acreage (estimated) of all existing wetlands on the property: 0.58 acre
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 be included. To calculate acreage, multiply length X width. then divide by 43.560.
Stream Impact
Number
(indicate on ma)
Stream Name
Type of Impact Perennial or
Intermittent? Average
Stream Width
Before Impact Impact
Length
(linear feet) Area of
Impact
(acres)
NA

Total Stream Impact (by length and acreage) 0
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. dredging. flooding. drainage. bulkheads. etc.
Open Water Impact
Site Number
(indicate on ma) Name
(if applicable) Watere)
Type of Impact Type of Waterbody
(lake, pond, estuary, sound, bay,
ocean, etc.) Area of
Impact
(acres)
NAO

Total Open Water Impact (acres) 0
Page 8 of 12
6. List the cumulative impact to all Waters of the U.S. resulting from the project:
Stream Impact (acres): 0
Wetland Impact (acres): 0.015
Open Water Impact (acres): 0
Total Impact to Waters of the U.S. (acres) 0.015
Total Stream Impact (linear feet): 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
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 minimized once the desired site plan was developed. If applicable, discuss construction
techniques to be followed during construction to reduce impacts. A small amount of non-
wetland exists at the front of the lot, but due to minimum buildinP setbacks, the home must be
sited on the rear portion of the lot. A wetland drain separates the home from the subdivision
road, making it necessary to cross the wetland with the driveway. The driveway has been sited
along the right property line at the narrowest wetland crossing point available to minimize
wetland 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.
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/strmgide.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.
Minimization and avoidance employed. No additional mitigation proposed.
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): 0
Amount of buffer mitigation requested (square feet): 0
Amount of Riparian wetland mitigation requested (acres): 0
Amount of Non-riparian wetland mitigation requested (acres): 0
Amount of Coastal wetland mitigation requested (acres): 0
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 (federal/state) 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
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 multiDliers.
Zone* Impact
(square feet) Multiplier Required
Mitigation
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
additional 20 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.
Page 1 1 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 existing impervious acreage is attributed to
the house footprint, which is 3931 square feet. The driveway will contribute another 3240
square feet. Total impervious area for the lot is expected to be 0.16 acre out of 1.64 acre, or
about 10%. Silt fence will be installed around the wetland area after it is restored and will be
removed after the lot is stabilized.
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.
Public sewer
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)
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:
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).
,rT 6-pS%o
AppYa6t%Agent's Signature Date
(Agent's signature is valid only if an authorization letter from the applicant is provided.)
Page 12 of 12

14 March 2007
Owner Information
Name:
Contact:
Mailing Address:
City, State, Zip:
Telephone #:
Property Description
Project Name: Lot 7, Riverside Estates
Address: 1533 Pepperchase Drive, Fayetteville, NC 28312
PIN #: 0448-48-3252
County: Cumberland
as owner of the above referenced property,
authorize the US Army Corps of Engineers to enter the subject property for the purpose of a
jurisdictional determination.
BJ&M Construction Inc.
Johnny Johnson
1420 Pepperchase Drive
Fayetteville, NC 28312
910-483-7765
I also authorize Hal Owen & Associates, Inc. to act in my behalf as my agent with regard
to wetland issues on this property.
Si
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07
Date
Title
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LEGEND
EIS - EXISTING IRON STAKE
ECM - EXISTING CONC. YON.
R/W - RIGHT OF MAY
06 - DEED BOOK
PB - PLAT BOOK
PG - PACE
PA - PROPERTY UNE
PROPERTY UNE
R - - - -
ADJOINERS - - - - - - - - -
METI.ANDS - . - . - • - • - • - • -
N /F
RIVER BEND CO.
Wcd 11
(Not to w)
B7 S87-21 '07"E 180.00'
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1.64 ACRES

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WN 1. SUBJECT PROPERTY IS LOCATED IN A ZONE X AREA AS PER
FLOOD INSURANCE RATE MAP 37200448006 DATED JAN. 5. 2007.
2. THERE IS NO USCE OR NCGS MONUMENT
WITHIN 2000' OF THIS SITE.
3. PRELIMINARY PLAT - NOT FOR RECORDATION. SALES OR
CONVEYANCES.
4. PROPERTY SUBJECT TO EASEMENT AND COVENANTS OF
RECORD NO TIME SEARCH PERFORMED.
5. FOUNDATION SURVEY ONLY NOT TO BE USED AS A FINAL SURVEY.
6. THE WETLANDS SHOWN ARE FROM DELINEATIONS BY HAL OMEN
R ASSOCIATES, INC OF LILLINCTON, NC.
=100 0 50 100 200
( IN Fir )
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PEPPERCXASE DRIVE
LINE TABLE
LINE LENGTH BEARING
L1 (A1-A2) 68.74 S63.36'37E
L2 (A2-A3) 109.83 S89.31'53'E
L3 (BI-B2) 78.45 N52.52'38'W
L4 02-B3) 51.03 N50'31'07'W
L5 03-B4) 33.77 N66.25'03'W
L6 04-0) 54.98 N32'08'12'W
L7 (B5-B6) 49.02 N02'43'40'W
LB 06-B7) 99.83 N13.24'28'W
L9 (A1-P/L) 18.02 S63.36'37'E
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WETLANDS LOCATION FOR -
CHARLES ESTES-1533 PEPPERCHASE DR
SUBDIVISION-LOT 7 RIVERSIDE ESTATES
PLAT BOOK 85, PAGE 63
°°°°I°f I11 I7//II,I
?. ? North Carolina
``?^'. • . `? e??' Cumberland County
aVtiEscl p I. Cathy L Autry, certify that this plat was drawn under my
13101 9? = supervision from an actual survey made under my supervhion.
dosel ision as calculated spyiarnuuddes andddeportu? mothe st or o
EASTOVER TWP. APRIL 3. 2007 SEAL pr
CUMBERLAND COUNTY SCALE 1" = 100 L-3796 - 1/10.000. that the bowMariss not surveyed are shown as broken lines
NORTH CAROLINA - = plotted from information found in books refsrenaed, that this map woe
NOT Prepared In accordance with G.S. 47-30 as amended
• SUFN??. ' Witasse my hand and official seal this 3rd day of April A.M. 2007.
CATHY L. AUTRY, PLS 3796-, C'.9? • _ ,
3946 A SUNNYSIDE SCHOOL ROAD
FAYETTEVILLE, NC 28312/Il Cathy L Autry PLS. L-3796
PHONE - [phone]
•fayetteville, nc - Google Maps
Page 1 of 1
HAL OWEN & ASSOCIATES, INC.
266 OLD COATS RD. ?? u r
P.O. BOX 400
LILLINGTON, NC 27546 V ; c. ?y lVl aP
http://maps.google.com/maps?f=q&hl=en&geocode=&q=fayetteville,+nc&ie=UTF8&11=3... 6/28/2007
Address Fayetteville, NC
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HAL OWEN & ASSOCIATES, INC.
266 OLD COATS RD.
P.O. BOX 400
LILLINGTON, NC 27546
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USGS U.S. GEOLOGICAL SURVEY 1
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science for a changing world
U. S. DEPARTMENT OF AGRICULTURE
SOIL CONSERVATION SERVICE
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HAL OWEN & ASSOCIATES, INC.
266 OLD COATS RD.
P.O. BOX 400
LILLINGTON, NC 27546
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