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20071237 Ver 1_401 Application_20070707
N• •~': BURDETTE LAND CONSULTING, INC. ;W E 308D W Millbrook Road, Suite 200 -Raleigh, North Carolina 27609 Telephone (919) 841-9977 - Fix (919) 841-9909 S ... 07- 1 237 LETTER OF TRANSMITTAL To: Mr. Ronnie Smith Date: July 16, 2007 ~` ~ ' _______----~- US Arm~rps of Engineers Project #: 7123 69 Darlington Avenue RE: Forest Oaks Subdivision Wilmington, North Carolina 28402 We are sending the following items attached to this transmittal: Co ies Date Descri tion 1 7/16/07 PCN A lication Q L11] Remarks: J+JL 1 a 2007 UENR - vYA1'~r t~uALi f Y WE11A-d0~A,VD STn!?uauarcr, BRAS Signed: Jennifer Burdette c: Ian McMillan - NCDWQ (7 copies + $20o check) Dale Shortt -Woodshire Partners, LLC ~~ Office Use Only: Form Version March OS n ~ _ ~ 7 n -, USACE Action ID No. DWQ No. (If any particular item is no[ applicable to this project, please enter "Not Applicable" or "N/A"".) t~C~_~ I. Processing ~. _,. 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: 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), check h ~ ~ ~~~ II. Applicant Information JUL ~ ~ ZOQ7 1. Owner/Applicant Information JENR -WATER 4UALITY Name: Woodshire Partners, LLC WEItA.Npso,N~ erns ~"a ~ ti Mailing Address: Mr. Dale Shortt 2919 Breezewood Avenue Suite 202 Fayetteville, North Carolina 28303 Telephone Number: 910/482-4663 Fax Number: 910/483-5716 E-mail Address: daleshortt@nc.rr.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: Jennifer A. Burdette Company Affiliation: Burdette Land Consulting, Inc. Mailing Address: 308D W Millbrook Road, Suite 200 Raleigh North Carolina 27609 Telephone Number: 919/841-9977 Fax Number: 919/841-9909 E-mail Address: JBurdetteBLC@bellsouth.net Updated 11/1/2005 Page 1 of 9 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: Forest Oaks Subdivision 2. T.I.P. Project Number or State Project Number (NCDOT Only): NA 3. Property Identification Number (Tax PIN): 010536-0028-89 4. Location County: Harnett Nearest Town: Fayetteville Subdivision name (include phase/lot number): Forest Oaks Directions to site (include road numbers/names, landmarks, etc.): 5. 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 wat:erbody.) Decimal Degrees (6 digits minimum): 35.3040177 °N 78.9655935 °W 6. Property size (acres): 7. Name of nearest receiving body of water: UT to North Prong_Anderson Creek 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 site is forested except for road and lots of Phase I which have already been constructed in some cases Forest land. and residential subdivisions make un the general land use in the vicinit off the project Updated 11/1/2005 Page 2 of 9 10. Describe the overall project in detail, including the type of equipment to be used: The project involves construction of a road network to develop lots for single-family housing. 11. Explain the purpose of the proposed work: The purpose of the project is to develop the 59- acre propertyinto a residential subdivision. 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 o:f 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. In March 2007, the USACE and NCDWQ issued notices of violation to the applicant for road and lot construction within waters of US that had occurred without authorization. The applicant retained Burdette Land Consulting, Inc. (BLC) to assist them with bringing the project into compliance with the Clean Water Act. BLC conducted a delineation of surface waters and wetlands present on the property excluding subdivision lots that had already been sold. Mr. Ronnie Smith of the USACE verified the delineation and issued a Notification of Jurisdictional Determination (attached) on June 11, 2007. We are submitting this after-the-fact permit application for permanent wetland impacts resulting from road construction to access all areas of the property. The applicant proposes to restore wetland areas that were impacted by clearing and rg ading and in some cases sediment from adjacent uplands, but were not necessary to achieving the project purpose. Wetland restoration will be accomplished by restoring_pre- construction contours where necessary, and re-seeding with a wetland seed mix to re-establish hydrophytic vegetation The applicant anticipates that restoration efforts will be completed b~ August 20 2007. Upon completion, BLC will verify these efforts were successful and will provide photos to Mr Ronnie Smith of the USACE and Mr. Chad Turlington of the NCDWQ to document compliance. 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. This permit application covers all phases of the ,project; therefore, no future permit requests are anticipated. VI. Proposed Impacts to Waters of the United 5tates/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 Updated 11/1/2005 Page 3 of 9 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: Permanent impacts resulting from the project consist of three road crossings and one driveway crossing of jurisdictional wetlands Temporary impacts consist of wetland areas that were cleared and graded and in some cases filled in with sediment from the adjacent upland land disturbance. Figure 2 (attached) depicts the location of temporarypermanent impacts associated with the 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, cP.naratPly list imnarts rlne to hnth stnicture and floodinl?. Located within Distance to Area of Wetland Impact Type of Wetland 100-year Nearest Impact Site Number Type of Impact (e.g., forested, marsh, Floodplain Stream (acres) (indicate on map) herbaceous, bog, etc.) ( es/no) (linear feet) 1 Temporary mechanized Forested No 320 0.146 clearin & radin 2 Permanent Fill Forested No 1900 0.113 2 Temporary mechanized Forested No 1900 0.227 clearin & grading 3 Fill Forested No 1400 0.064 3 Temporary mechanized Forested No 1400 0.333 clearin & gradin 4 Fill Forested No 1200 0.038 Total Wetland Impact (acres) 0.923 3. List the total acreage (estimated) of all existing wetlands on the property: 11.5 4. Individually list all intermittent and perennial stream impacts. I3e 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 included. To calculate acreage. multiply length 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) NA Total Stream Impact (by length and acreage) 0 0 Updated 11/1/2005 Page 4 of 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 excavatinn_ rlred¢ing_ flnoding_ drainage. bulkheads. etc. Open Water Impact Name of Waterbody Type of Waterbody Area of Site Number (if applicable) Type of Impact (lake, pond, estuary, sound, bay, Impact (indicate on ma) ocean, etc.) (acres) NA Total Open Water Impact (acres) 0 6. List the cumulative impact to all Waters of the U.S. resulting from the project: Stream Impact (acres): 0 Wetland Irrt act (acres): Permanent=0.22ac & Temp. =0.70ac 0.923 Open Water Im act (acres): 0 Total Irrt act to Waters of the U.S. (acres) 0.923 Total Stream Impact (linear feet): 0 7. Isolated Waters Do any isolated waters exist on the property? ^ Yes ®1Vo 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.): NA Proposed use or purpose of pond (e.g., livestock watering, irrigation, aesthetic, trout pond, local stormwater requirement, etc.): NA Current land use in the vicinity of the pond: NA Size of watershed draining to pond: NA Expected pond surface area: NA 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. 'The impacts occurred due to Updated 11/1/2005 Page 5 of 9 the applicant's lack of familiarization with Clean Water Act requirements. Upon learning of these requirements, the applicant retained Burdette Land Consulting, Inc. to assist with compliance. The applicant proposes to restore wetland impacts outside of the existing r crossings. These temporary impacts consist primarily of clearing and rg ading except for some areas that have been filled by sediment from the adjacent uplands. This after-the-fact permit application requests authorization for permanent impacts associated with three road crossings and a driveway crossing for Lot #100. 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. USAGE - 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 USAGE 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 description of the current site conditions and proposed method of construction. Please attach a separate sheet if more space is needed. Because the project's permanent wetland impacts (0.22 acre) are below the one acre mitigation threshold for wetland impacts, BLC believes that: NCDWQ's Water Quality Certification #3402 would not require mitigation. The USACE's Nationwide Permit 29 may require compensatory mitigation for projects that require pre-construction notification to offset unavoidable losses of waters of the US. Updated 11/1/2005 Page 6 of 9 The applicant proposes to pay compensator~gation to the NC Ecosystem Enhancement Program at a 2 to 1 ratio to offset nonriparian wetlands impacted by the project. The mitigation request form is attached and the acceptance letter will be forwarded upon receipt. The applicant also proposes to preserve the remaining wetlands and stream channels present within Phase III of the project through restrictions placed on these conservation areas in the this hase of the subdivision's restrictive covenants. A draft of the restrictive covenants for Phase III of the Forest Oaks Subdivision will be provided by August 20 2007. Figure 3 depicts the conservation areas proposed Approximately 10 acres of jurisdictional wetlands are included within the proposed conservation areas. 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 (919) 715-0476 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): 0.22 Amount of Coastal wetland mitigation requested (acres): 0 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 (919) 733-5083 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 Updated 11/1/2005 Page 7 of 9 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 (Neuse), 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 multipliers. Zone* Impact (s uare feet) Multiplier Required Miti anon 1 NA 3 (2 for Catawba) NA 2 NA 1.5 NA Total NA NA * 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. 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°Io, please provide calculations demonstrating total proposed impervious level. Prior to development, the property did not contain any si>?nificant impervious acreage. Due to the relatively lame lot size associated with on-site septic systems, the percent impervious surface is not anticipated to exceed 20%. 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 from the proposed project will be disposed of through individual, on-site septic systems that will be approved by Harnett County. Updated 11/1/2005 Page 8 of 9 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: The proposed project will not result in infrastructure improvements beyond those required to develop the property itself 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). NA 7/I ~ /p 7 c~alptican Agenrs ignature L.a« (Agent's signature is v id only if an authorization letter from the applicant is provided.) Updated 11/1/2005 Page 9 of 9 ' V - ! - - - ~~ ~-J - - ~; ~ ` J1 ~ n ( Wake. ~oiost , , ~ I . . _ - _ ~.n ~ ~~. ~~ ' ~!! -~ _~ ~~~ ~ IYn~ SITE ~ ~~~~.-~. ~._ ~~ ,, r ~ ,. j ~1J - -, ~ 1912- , ~/~r 1 ` Yr , 11~°~ I YCY - , ^ ~~~ ~ C' Ji~ • ~. J ~ ' ~ n~~i~ ~~ 1~~ ~,~' J~ -~ -'. ,Trailers f / I/ ~ ~ ~'' _ l . ~_ ~ `~ ~ f .'~ ~ . ~ ~ 1 . 797 ( sA '{{'' • ~ ~ e ~ .. as 0 ~ ~ ~ - \~ V ~ ~~~ /~ ~ ~ ~ ~ - ~ ~ ..ice ~ _.~~ / 1 p ~N ~!. r yes°~ alter ~.- .. ,. _~ j ..,\pr I .. ~. r u } ~ ('~~~' - ~~``' r- '1~'"`-~ :Artsti~t '• ~\I ~ ,--_. 9~,~ i~ ~u'N - ~ ~r~ ~ t h y- - k ~ ,r } G s 1 , I ~ ~ ~ / y _~ 1 c ` Cern GRAPHIC SCALE USGS LOCATION MAP N ~° = sooo• BISHOPS GRANT sooo• o zooo• CONTENTNEA CREEK DEVELOPMENT CO. WAKE FOREST, WAKE COUNTY, NC ''••N•''• DATE: 03/02/07 USGS 7.5' TOPO QUAD: w E=1 BURDETTE LAND CONSULTING, INC. DRAWN BY: TMB WAKE FOREST 308D W Millbrook Road, Suite 200 -Raleigh, North Carolina 27609 CHK'D BY: JAB Telephone (919) 841-9977- Fax (919) 841-9909 FIGURE #: I s PROJECT #: 7123 - . ... ,,,, ,~_ - ~/ ~ ~ lr ~ ~ ~ ~ ` r' •~ ~ , _ ~~ l . o~ o ~ ~~ O ~ ~ ~ ~ ~1' Y~ ~~ 0 ~ ~ , n ~ / 1 ~ _~~// ~ / O ( / ~ ~ ~r~ ~~ ~ a o 0 e e ®; LEGEND %~ ~ ~ :-~ UNDISTURBED JURISDICTIONAL WETLANDS NOTES: 1.) THE DESIGNATION AND LIMITS OF THESE FEATURES HAVE BEEN VERIFIED BY THE US ARMY CORPS OF ENGINEERS. WETLAND IMPACTS TO BE RESTORED 3 ,v 2.) THE LOCATIONS OF THESE FEATURES HAVE BEEN LOCATED USING ASUB-METER TRIMBLE GEO-XT. THIS MAP DOES NOT REPRESENT A SURVEY OF PERMANENT IMPACTS ~ JURISDICTIONAL /ISOLATED WATERS OF THE US. i -- -- - 3.) SUBDIVISION MAP PROVIDED BY BENNETT SURVEYS, INC. TAX AND TOPOGRPHIC { ~ PRIVATELY OWNED PROPERTIES NOT EVALUATED ~ ~ DATA PROVIDED BY HARNETT COUNTY GIS. THIS MAP IS FOR GENERAL USE NOT A u SURVEY. • - - - APPROXIMATE LOCATION OF PERENNIAL CHANNELS GRAPHIC SCALE 1" = 400' 1-T TIE TO PL PROPERTY LINE 400' 0 400' 800' •• N•••• • DATE: 06/04/07 •' SURFACE WATERS & WETLANDS IMPACT MAP " ' • SCALE: ] = 400 = BURDETTE LAND CONSULTING, INC. FOREST OAKS SUBDIVISION DRAWN BY: TMB y w E 308-D W Millbrook Road, Suite 200 -Raleigh, North Carolina 27609 WOODSHIRE PARTNERS, LLC CHK'D BY: JAB Telephone (919) 841-9977- Fax (919) 841-9909 HARNETT COUNTY NC PROJECT #: 7132 S , # FIGURE : 2 ~,_, c '~' .~ E '® '0 . - ®~ o _© ~ ~ o o ~ e e a ~ a ~~~/` a ®~ a ® / ~`~ ~ ® ~ ~~~ ••~• ® ! ®/ ~ ~ p ~ ~ p O A/ CONSERVATION AREA ®/ ®_ LEGEND ~ ; ~ i ~ `~\ \`\~ i ~ T,i ~-- -,~-~~~ _. ~-~ NOTES: 1.) THE DESIGNATION AND LIMITS OF THESE FEATURES HAVE BEEN VERIFIED BY THE US ARMY CORPS OF ENGINEERS. • ~ ~ ~ • APPROXIMATE LOCATION OF PERENNIAL CHANNELS 2.) THE LOCATIONS OF THESE FEATURES HAVE BEEN LOCATED USING ASUB-METER TRIMBLE GEO-XT. THIS MAP DOES NOT REPRESENT A SURVEY OF JURISDICTIONAL /ISOLATED WATERS OF THE US. I 3.) SUBDIVISION MAP PROVIDED BY BENNETT SURVEYS, INC. TAX AND TOPOGRPHIC DATA PROVIDED BY HARNETT COUNTY GIS. THIS MAP IS FOR GENERAL USE NOT A SURVEY. GRAPHIC SCALE I 1" = 400' ~ 400' 0 400' 800' - ~..•N••~~ • DATE: o6ioaio7 ~ ' CONSERVATION AREA MAP SCALE: l" = 400' : BURDETTE LAND CONSULTING, INC. w E FOREST OAKS SUBDNISION DRAwNSY: TMB 308-D W Millbrook Road, Suite 200 -Raleigh, North Carolina 27609 WOODSHIRE PARTNERS LLC CHK'D BY: JAB Telephone (919) 841-9977- Fax (919) 841-9909 , HARNETT COUNTY NC PROJECT #: 7132 . S , FIGURE #: 3 ~ ~-. \ Q~~ ° ~I ~~ o 61 m 1~' Z~ ~% W ~, 1 ~ ~~ 1 v~ ~~ 6 0 ~~ ~ ~ / I -~ / _ ° -~~ ~- 56 ~.~ ~~- 59 / ~~ 57 ~ ; _,-_ ,. / IMPACT # 1 ~~ TEMPORARY WETLAND IMP = 6,372 SF / { ~- ~-- ~4 /~ '_ `~ CRC ~~ ~E 58 oQ JQ ~V c~, 5 4 0 GRAPHIC SCALE 1" = 60' SURFACE WATERS & WETLANDS IMPACT MAY FOREST OAKS SUBDIVISION 60' 0 60' WOODSHIRE PARTNERS, LLC HARNETT COUNTY, NC '~~N"' DATE: 06/04/07 SCALE: 1'=60' w E'; BURDETTE LAND CONSULTING, INC. DRAWN BY: TMB cxK'DBY: JAB 308-D W Millbrook Road, Suite 200-Raleigh, North Carolina 27609 Telephone (919) 841-9977- Fax (919) 841-9909 PROJECT #: 7132 INSET: 1 S 1 06 ~ 103 105 ;_,. Q7 ~~ 102 ,~ ~ ~ IMPACT # 2 1 PERMANENT WETLAND IMPACT = 4,931 SF ~. '~ ` - TEMPORARY WETLAND IMPACT = 9,897 S O' ~- -~ - ,.__,\ 4 ~-, \~ ~~~. _\ _ ~ ~ 100 _, ~r -{ i~ i ~ 101 ~~ ,-~ B T _p ' }-., ~- - WETLAND / ~~._ ~ UNDARY y"µ. ~~ ~. \ \ ~ \ 99 ~ 1 94 ' GRAPHIC SCALE 1" = 60' SURFACE WATERS & WETLANDS IMPACT MAP FOREST OAKS SUBDIVISION 60' 0 60' WOODSHIRE PARTNERS, I,LC HARNETT COUNTY, NC ,.~N~.' DATE: 06/04/07 SCALE: 1'=60' W E 7 BURDETTE LAND CONSULTING, INC. DRAWN BY: TMs CHK'DBY: JAB 308-D W Millbrook Road, Suite 200 -Raleigh, North Carolina 27609 Telephone (919) 841-9977- Fax (919) 841-9909 PROJECT # 7132 INSET: 2 S I ~ /' / IMPACT # 3 I PERMANENT WETLAND IMPACT = 2,809 SF I I TEMPORARY WETLAND IMPACT = 14,514 SF I I I I I I ~ -~ ,~ / ~' 2 6 ~~ '' i A ,_~; _.~ 3 jh. ~/ ~~ 25 ' ~~ / / ~,, 24 ~` \ 4 GRAPHIC SCALE 1" = 60' SURFACE WA'T'ERS & WETLANDS IMPACT MAP 60' 0 60' FOREST OAKS SUBDIVISION WOODSHIRE PARTNERS, LLC HARNETT COUNTY, NC •''N'•• DATE: 06/04/07 SCALE: 1'=60' •••~ BURDETTE LAND CONSULTING, INC. DRAWN BY: TMB CHK'D BY: JAB :W E~ 308-D W Millbrook Road, Suite 200 -Raleigh, North Carolina 27609 Telephone (919) 841-9977- Fax (919) 84i-9909 PROJECT #: 7132 INSET: 3 S 143 N 1 60 144 -~r / / , i \ :;.4 145 ,; ~~ J ~ I ACT # 4 / ERMANENT WETLA IMPACT = 1,664 S 11 \ WETLAND BOUNDA ,, ~~. 116 ~ 1 15 ~ i / GRAPHIC SCALE 1" = 60' SURFACE WATERS & WETLANDS IMPACT MAP 60' 0 60' FOREST OAKS SUBDIVISION WOODSHIRE PARTNERS, LLC HARNETT COUNTY, NC '' ~ N"• DATE: 06/04/07 SCALE: 1' = 60' 'w E~,~ BURDETTE LAND CONSULTING, INC. DRAwNBY: TMB cHK'DBY: JAB 308-D W Millbrook Road, Suite 200 -Raleigh, North Carolina 27609 Telephone (919) 841-9977- Fax (919) 841-9909 PROJECT #: 7132 INSET: 4 S Received 06 11 2007 16:36 JUN. 11.2007 4~27PN USAED WILMINGTON N0.4S9 P.2 Action Id. 200'1-1002 U.S• ARMY CORPS OF .ENGINEERS WILMINGTON DISTRICT Cot}nry; Harnett U.S.G,S, Quad: An Orson Creek NOTIFXCATION OF .NRISDICTIOlyAI. DETERMINATION Applicant/Property Owner: Woodshire Partners, It,Y.C halo Short Address; 2919 Breeze~ood Avenue, Suite ZOZ Fayetteville, NC 28303 Phone Number: 9101F82-8663 Property description: Size (acres) ~,24 Nearest Waterway ut of North Prong_~nderson Creek USGS HUC 03030004 ' ~ 7- 1 2 3 7 Nearest Town Fayetteville River Basin Ca a ear Coordinates N 3S~~OZ04 W -78.96673 Location description; Th a is ad' ent to an u amed tribu of Nor Pron An son Cr d locat nff of and north of Lemuel Black Road between Nursery Road and Sgnter Drive so,~,thwest of I.illington Aarnett County. North Carolina, °'-"-' indicate Whiel~ of the Following Aanly: _ Based on preliminary information, there may be wetlands on the above described property, We strongly suggest you have this property inspected to detettniile the extent of Depattmen~ 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 a~cuon under the Regulatory Program Administrative Appeal Process (Reference 33 CFR Part 331), _ There are Navigable Waters of the Unibod States within the above dc$cn~bed property subject to tie permit requirements of Sectioli 10 of the Rivera and Harbors Act and section 404 0~ the Clean Water Act. Unless there is a ebange in the law or our published regulations, this determination maybe relied upon for a period not to exceed five years from the date of this notification, X There are waters of the U S includi~n~ wetlands or! the above described property subject to the Hermit renuiremgpts of Section 4Q4 of the Clean water Act (CWAI(33 USC_~ 13441 Unless there is a change in the law or o~~ published reuulations, this detoraiinatiop may be relied upon For aperiod not tp exceed t~vg veers 4om the date of the tification. _ We strongly suggest you have the w4ters of the U.S, on your propeiry 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 tamely noanner. For a more timely delineation, you may wish to obtain a copsultant. To be considered final, any delineapion must be verified by the Corps, X The waters of the U,S, includinn wetland on your property have been delineated and the delineation has be veriifed by the Corps. We strongly s~ seat you have this delineation sure ooy d UPS completiog, this survey ould be r vi ed and v 'f d b the Co s. On verityed the curve w~ rovlde an accurate a fiction o all a~_SUbioet to L'WA iurisdictio on your prot-erty which, tarovided there is no change in the law or our published t'eeulations~nnay be relied anon fora iod not to exceed five years _ The Wetlands leave bean 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 fs,om the date of this notification. _There are no Waters of the U,$., 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 ~,ay be relied upon for a period not to exceed five years from the date of this notification. _ Tlie property is located in one of the 20 Coastal Counties subject to regulation under the Coastal Area Management Ac[ (LAMA), You should contact the Division of Coastal Management tai Wilmington, NC at (910) 796-7215 to determine their requirements. Page i of 2 Received 06 11 2007 16:36 JUN. 11.2007 4~z7PN USRED WILMINGTON ~ - -N0.489~~~ P.3 Action ID: 2007-1002 Placement of dredged or fill material within waters of tl}e US and/or wetlands without a Department of the Army permit may constitute a violation of Sectipn 3p1 of the Clean'~Vater Act (33 USC § 1311). Lf yot} have any questions regarding this determinationand/or the Corps regulatory prograrn, please contact Ronnie Smith at (9101251j1929 Basis For Determination: This sate oahibits wetlands criteria as described in the 1987 Corps Wetland Dglineation Manual and is adiacent to end directly abutting gn unnamed tribut~ry of Nor(b Prong Anderson Croek a relatively Rermanent water body that is a tributary o Anders ~ Creep, a tributary ~.ittle River a tributary oP the Cape Fear River, which is ~ traditional navigable grater of th~~ U•S. ' Ztemarks: This determinatio~ is based on information arovided by Bur[lette Land Coasultine and a site visit conducted by the Corps on Marsh 27, 2007 ~~ ' .Corps Regulatory OfFciak Date: June il, 2007 Expiration Date; rung 11, 2012 Corps Regulatory Official (Initial); TtDS FOR OFFIC$1;ISE OILY: • A plat or sketch of the property and the wetland. data form must b0 attached tv the #ile copy of this form • A copy of the "Notification Of Admjnislrative Appeal Options And Process And Request For Appeal" form must be transmitted with rho property owner/agent copy of tlvs form, If the property contains isolated wetlands/tyater~, please indicate in "Remarks" section and attach the "Isolated Determination Information Sheet" to the file copy of this form. Copy Furnished: Jennifer Burdette Btu~dette band Consulting, Inc, 308D v~ Millbrook Road, Suite 200 Raleigh, IO 27409 Page 2 of 2 NOI~TN CAF~0~6Nfa ECO~YSTEIl~ E~fHA-NCEMENT PRC)G~,AM, ~CEEP IN-LIEU FEE REQUEST FORM P.evised 7(912007 Print this form, fill in requested information, sign and date, and either mail to NCEEP, 1652 Mail Service Center, Raleigh, NC 27699-1652, fax to 919-715-2219, or email to Kelly.williams@ncmail.net. Attachments are acceptable for clarification purposes (location map is required). CONTACT INFORMATI®N APPLICANT'S AGENT (optional) APPLICANT 1. Business or Individual Name /t~~~ ~~~ ~,~s~/°~n /,;e . ~ ~/~~~~/s~,'~-G ~Qr~,fCr S LG ~ ~ 2. Street Address or P O Box ~Q ~ `,~' ; ~~~~ad~ Sf~ 9 ~ 1q ~17~~~~,/~q~ ftve S~rZd 3. City, State, Zip e, ~ /1~ 02 ~` , ~ c , ~ /1{'r = ~ ,~ ~ 4. Contact Person ~~ °° ~~ ~~ y~,-~; fzr /.3c~t-z~c r7~c ~~Q~c S~ior 5. Telephone Number ~ ~ - 9 9 ~ ~ 9/~?/~~~ - ~~ ~ 3 6. Fax Number 7. E-Mail Address (optional) ! ~ f- Q 9 ~~~/~~~~'~ /~~ , ~~ , q/ O~"~16 ~- PROJECT INFORMAT90N ! 8. Project Name C~) ~ ~i~Cs ®Q~~S' c.~cJ~~ L~1i1/~ .fi J~ 9. Project Location (nearest town, city) *''ATTACH IL1AP SHC3WING IMPACT LQCATIC~N~* ~~ C~e ~/~/~~ 10. Lat-Long Coordinates (optional) i _ ' 11. Project County 1`I ~rda8 -- 12. River Basin ~ ~ ar 13. Cataloging Unit (8-digit) (see Note 1) Q D~ 00 (~ ~ ~ 14. Riparian Wetland Impact (ac.) (e.g., 0.13) N~ ........................................_......................................................._.......................~...................... 15. Non-Riparian Wetland Impact (ac.) ......................._..............._................._.......................................................................................__.................................................................................................................................................i ~ Z ~ I 16. Coastal Marsh Impact (ac.) ~ f~ .......................................................................................... 17. Stream Impact (ft.) (e.g. 1,234) ...._......_....._....................,,..__._.............__....._...~.__._.....,...............w.~.-..........._.. Warm Gool Cold _._ ._. (See Note 2) .........................._................................._.. 18. Buffer Impact-Zone (sq. ft.) (e.g. 12,345) ....1,-.,.~.-.~.~,,,,..,,~.-~,,...~.,~,,,,,,,.,,..,~.-.., ,,.-..._.~,~.,.,,.,,.,~.,.....,, ~ Zone 1: ~f{ 'Zone 2: ~/~ (See Note 3) 19. Regulatory Agency Staff Contacts if k ,~~ I DW(~: ~GN~ j~al',! j USACE: S~'li~'! nown) (Indicate names, 7 .1- 20. Other Regulatory ID Information (e.g., USACE Action ID, if known) IMPORT~,NT Check (~) below if this request is a: Signature of Applicant o gent: ~ 'Q " `~~~~2 _ revision to a current acceptance, or re-submission of an expired acceptance - Date: 7 I L- ~b ~ Note 1: For help in determining the Cataloging Unit, go to EPA's "Surf Your Watershed" web page: http://cfpub.epa.gov/surf/locate/index.cfm Note (9) above: requirement to attach location map. Note 2: For guidance on stream temperatures, go to: htta://www.saw.usace.army.mil/WETLANDS/Mitigation/Documents/Stream/Appendices/Appendixl. pdf Note 3: Buffer mitigation applicable only in the Neuse, Tar-Pamlico and Catawba river basins, and the Randleman Lake Water Supply Watershed. Direct all questions to Kelly Williams at 919-716-1921 or kelly.williams@ncmail.net 143 N 1 60 144 145 / I ACT # 4 ERMANENT WETLAN IMPACT = 1,664 S 11 \ WETLANp BOUND 14 6 ,. ARY - r--~-°>--,,rte 116 ~ I ~ / 115 i ~ GRAPHIC SCALE 1" = 60' SURFACE WATERS & WETLANDS IMPACT MAP FOREST OAKS SUBDIVISION 60' 0 60' WOODSHIRE PARTNERS, LLC HARNETT COUNTY, NC '~~N~'' i DAl"E: 06/04/07 SCALE: I'-60' ~w E'~ BURDETTE LAND CONSULTING, INC• DRAWN BY: TMB CHK'DBY: JA13 308-D W Millbrook Road, Suite 200 -Raleigh, North Carolina 27609 Telephone (919) 841-9977- Fax (919) 841-9909 PROJECT #: 7132 INSET: 4 S N 1os Q ~ 103 I 10 5 ~. 102 _ r IMPACT # 2 PERMANENT WETLAND IMPACT = 4,931 SF ~'`' ~ TEMPORARY WETLAND IMPACT = 9,897 S L7"~ -< 4 ~ -~._ .- ` 10 0 ~rn >- 101 ~{ s T p -< r- ~- WETLANp UNDARY ~~ ~, \ \ ~ \ 99 ~ ~ 94 GRAPHIC SCALE 1" = 60' SURFACE WATERS & WETLANDS IMPAC"f MAP 60' 0 60' FOREST OAKS SUBDIVISION ~~ WOODSHIRE PAR"I'NERS, LL.C HARNETT COUNTY, NC '••N••' DATE: O6/04/07 SCA1,E: 1'=60' •W E7 BURDETTE LAND CONSULTING, INC. DRAWN BY: TMB Ct1K'DBY: JAB 308-D W Millbrook Road, Suite 200 -Raleigh, North Carolina 27609 'telephone (919) 841-9977-Fax (919) 841-9909 PROJF,CT #: 7132 INSET: 2 •S I ~ / IMPACT # 3 I PERMANENT WETLAND IMPACT = 2,809 SF I I I TEMPORARY WETLAND IMPACT = 14,514 SF I I I ~ ~~ 0 I ~ I _ ~ . ,~ o. ~ ~ - 26 1 ,~ r ~o _, ~_._,r- ,~ _ ~~' `-t P _~ ET ~-~-- 2 y N ,.~ q ° 25 R }-~ ~r ~ 3 _~ 24 ~/~' T GRAPHIC SCALE 1" = 60' SURFACE WATERS & WETLANDS IMPACT MAP FORES"I' OAKS SUBDIVISION 60' 0 60' WOODSHIRE PARTNERS, LLC HARNETT COUNTY, NC '~~N~~' 7 DATE: 06/04/07 SCALE: I'= 60' w E'~ BURDETTE LAND CONSULTING, INC• DRAWN 13Y: TMB CHK'DBY: JAB 308-D W Millbrook Road, Suite 200 -Raleigh, North Carolina 27609 Telephone (919) 841-9977- Fax (919) 841-9909 PROJECT #:7]32 INSET: 3 S \ ~~ \ \ ~ \ ~ 61 v~ i \~`' 6 0 I I / I { ,o-~.. ~~ / \. 59 / -~ i" q~ - i C~,~C ~F ~' / %/~~ N \ ' f; i 1 / 1 i~ ~ ;~ ~~ ' S6 57 1 RY WETLAND IMP = 6,372 SF ~' 8 ~ ~ ~_ ~~~ 5 4 ~ o GRAPHIC SCALE ~" = 60' SURFACE WATERS & WETLANDS IMPACT MAP 60' 0 60' FOREST OAKS SUBDIVISION WOODSHIRE PARTNERS, LLC HARNETT COUNTY, NC •"N''• DATE: 06/04/07 SCALE: 1'=60' .w E',y BURDETTE LAND CONSULTING, INC. DRAWN BY: TMB clnc'D BY: JAB 308-D W Millbrook Road, Suite 200 -Raleigh, North Carolina 27609 Telephone (919) 841-9977- Fax (919) 841-9909 PROJECT #:7132 INSET: I S