20010034 Ver 3_Application_20070726

07-1224
CHARLIE HOLLIS
REGULATORY CONSULTANT
138 Green Forest Drive
Wilmington, NC 28409
910-392-6833
June 15, 2007 ~'~YMEN~
Re: Lionshead Condominiums, Kings Grant Club REC~~~E~
Application for Section 404 Permit
Mr. Ronnie Smith
Wilmington Regulatory Field Office _ "~~ :" ~ " °" ~ ,
U. S. Army Corps of Engineers ~ ,; ~~ ~ J~,; `
P.O. Box 1890 ~~ J
Wilmington, NC 28402-1890 )' < <
ly3 ~ !li ~„F.
Dear Mr. Smith:
Please reference my letter dated Apri19, 2007 to Mr. Keith Harris and our
subsequent telephone conversation and your recent visit to the Lionshead Condominium
site at Kings Grant in Fayetteville, N.C. Your reference is also invited to the extensive
Corps file for the Kings Grant project, Corps Action ID No. 200000671.
Enclosed, as you requested, is an application to authorize the impacts to 7345
square feet (0.17 acres) of jurisdictional wetlands to facilitate the construction of the
Lionshead Condominium project at the Kings Grant development in Fayetteville, N.C.
1. Description of Work: The Lionshead project is proposed to be sited on
about five acres of high ground near the southern edge of the Kings
Grant development. Work consists of the construction of an access
street and the cutting away of hillsides for the construction of four
multi-family buildings and resident parking.
2. Wetland Impacts: Please reference the attached site plan whereon nine
small areas of wetland impact are identified. No buildings will be sited
in the wetlands, but unavoidable wetland impacts are necessary for the
access street and hillside cuts:
Area 1: (400 sgft) wetland crossing of open ditch
Area 2, 3, & 5: (489 sgft, 1587 sgft, and 1090 sgft) street crossings
of wetlands
Area 4, 6, 7, 8, & 91: (1811 sgft, 1544 sgft, 347 sgft, 65 sgft, and
12 sgft) cuts of hillsides for buildings
Page 1

3. Avoidance and Minimization: Considerable effort has been made in
the design and layout of this project to avoid wetland loss. The
proposal represents the best of several engineering alternatives
whereby the four buildings, the street and the required parking areas
have been moved around to result in the least environmentally
damaging alternative that can achieve the project requirements. Most
of the affected wetland areas are at the upper edges of seasonal wetland
seeps within the existing hilly terrain.
4. Miti ation: Mitigation for the unavoidable wetland losses requested in
this application was included in the permit (Action ID. 200000671)
issued on December 17, 2001. That mitigation involved various
wetland creation and restoration and concluded with payment into the
North Carolina Wetlands Restoration Program (NCWRP); now the NC
Ecosystem Enhancement Program.
The previous Corps Permit (ID 200000671) documents the thorough review and
deliberation that extended for several months resulting in the authorization of the
conclusion of the work at Kings Grant. Approval included the issuance of the NCDWQ
Water Quality Certificate No. 3332.
Work authorized by the Corps 2001 permit involved Lionshead and two other
sites, Williwood Road Extension, and Ridgeway Drive Extension, which were completed
within the permit period. Economic conditions prevented commencement of work on
the Lionshead project before now. No other work or change in plans is proposed.
Thank you for your assistance, please contact me if you have questions or need
additional information.
ely,
Charlie Hollis
Encls: 1. Application
2. CY: NCDWQ Certificate #3332, Dated November 13, 2001
3. CY: NCDWQ Receipt (January 15, 2002) for WRP Payment
Page 2

APPL-CATION FOR DEPARTMENT OF THE ARMY PERMIT OMB APPROVAL NO. 0710-0003
(33 CFR 325) Expires December 31, 2004
The public reporting burden for this collection of information is estimated to average 10 hours per response, although the majority of applications should
require 5 hours or less. This includes the time for reviewing instructions, searching existing data sources, gathering and maintaining the data needed,
and completing and reviewing the collection of information. Send comments regarding this burden estimate or any other aspect of this collection of
information, including suggestions for reducing this burden, to Department of Defense, Washington Headquarters Service Directorate of Information
Operations and Reports, 1215 Jefferson Davis Highway, Suite 1204, Arlington, VA 22202-4302; and to the Office of Management and Budget,
Paperwork Reduction Project (0710-0003), Washington, DC 20503. Respondents should be aware that notwithstanding any other provision of law, no
person shall be subject to any penalty for failing to comply with a collection of information if it does not display a currently valid OMB control number.
Please DO NOT RETURN your form to either of those addresses. Completed applications must be submitted to the District Engineer having jurisdic-
tion over the location of the proposed activity.
PRIVACY ACT STATEMENT
Authorities: Rivers and Harbors Act, Section 10, 33 USC 403; Clean Water Act, Section 404, 33 USC 1344; Marine Protection, Research, and
Sanctuaries Act, Section 103, 33 USC 1413. Principal Purpose: Information provided on this form will be used in evaluating the application for a
permit. Routine Uses: This information may be shared with the Department of Justice and other federal, state, and local government agencies.
Submission of requested information is voluntary, however, if information is not provided, the permit application cannot be processed nor can a permit
be issued.
One set of original drawings or good reproducible copies which show the location and character of the proposed activity must be attached to this
application (see sample drawings and instructions) and be submitted to the District Engineer having jurisdiction over the location of the proposed
activity. An application that is not completed in full will be returned. ~
(ITEMS 1 THRU 4 TO BE FILLED BY THE CORPS)
1. APPLICATION NO. 2. FIELD OFFICE CODE 3. DATE RECEIVED 4. DATE APPLICATION COMPLETED
(ITEMS BELOW TO BE FILLED BY APPLICANT)
5. APPLICANT'S NAME 8. AUTHORIZED AGENTS NAME AND TITLE (an agent is not required)
KINGS GRANT CLUB (MR. SOL ROSE) CHARLIE HOLLIS
6. APPLICANT'S ADDRESS 9. AGENT'S ADDRESS
104 GILLESPIE STREET 138 GREEN FOREST DRIVE
FAYETTEVILLE, NC 28301-5644 WILMINGTON, NC 28409
7. APPLICANT'S PHONE NUMBERS WITH AREA CODE 10. AGENT'S PHONE NUMBERS WITH AREA CODE
a. Residence a. Residence
b. eusiness 910-323-3400 b. Business 910-392-6833
11 • STATEMENT O F AUTHORIZATION
I hereby authorize ~ p ~ l ~ D L1-1 S to act in my behalf as my agent in the processing of this application and to
furnish, upor~~eq st, supplemental infor ion in support of this permit application.
~
f ~
/p
f
f
j LICANT'S SIGNATURE ATE
NAME, LOCATION AND DESCRIPTION OF PROJECT OR ACTIVITY
12. PROJECT NAME OR TITLE (see instructions)
LIONSHEAD CONDOMINIUMS
13. NAME OF WATERBODY, IF KNOWN (if applicable) 14. PROJECT STREET ADDRESS (il applicable)
UNNAMED TRIB. TO CARVER'S CREEK KINGS GRANT DEVELOPMENT
15. LOCATION OF PROJECT U.S. HWY 401, NORTH
FAYETTEVILLE, N.C.
CUMBERLAND NC
COUNTY STATE
16. OTHER LOCATION DESCRIPTIONS, IF KNOWN (see instructions)
N/A
17. DIRECTIONS TO THE SITE
N/A
trvu runnn 4s4o, JUI y/ EDITION OF SEP 94 IS OBSOLETE (Proponent: CECW-OR)

t ti. Nature of Activity (Description of project, include al! features)
THE LIONS HEAD CONDO PROJECT IS PROPOSED TO BE SITED ON ABOUT FIVE, ACRES OF HIGH GROUND
NEAR THE SOUTHERN EDGE OF THE KINGS GRANT DEVELOPMENT. IT CONSISTS OF THE CONSTRUCTION OF
FOUR MULTIFAMILY BUILDINGS WITH ACCESS STREETS AND RESIDENT PARKING.
19. Project Purpose (Describe the reason or purpose of the project, see instructions)
PROVIDE RESIDENTIAL HOUSING
USE BLOCKS 20-22 IF DREDGED AND/OR FILL MATERIAL IS TO BE DISCHARGED
20. Reason(s) for Discharge
PROVIDE ACCESS THROUGH THE SITE FOR RESIDENTIAL STREET
21. Type(s) of Material Being Discharged and the Amount of Each Type in Cubic Yards
CLEAN SAND (NO QUANTITY AVAILABLE)
22. Surface Area in Acres of Wetlands or Other Waters Filled (see instructions)
0.17 ACRES
23. Is Any Portion of the Work Already Complete? Yes No ~_ IF YES, DESCRIBE THE COMPLETED WORK
24. Addresses of Adjoining Property Owners, Lessees, etc., Whose Property Adjoins the Waterbody (if more than can be entered here, please attach a
supplemental list).
ENTIRE SITE IS WITHIN THE OVERALL KINGS GRANT DEVELOPMENT
25. List of Other Certifications or Approvals/Denials Received from other Federal, State, or Local Agencies for Work Described in This Application
AGENCY TYPE APPROVAL' IDENTIFICATION NUMBER DATE APPLIED DATE APPROVED DATE DENIED
USACE PERMIT ACTION ID. 200000671 27 DEC 2000 17 DEC 2001 EXPIRED
NCDWQ I WQ CERT. ~ NO. 3332
4 AUG 2001 ~ 13 NOV 2001
'Would include but is not restricted to zoning, building and flood plain permits
26. Application is hereby made for a permit or permits to authorize the work described in this application. I certify that the Information in this application
is complet d accurate. I furfh certify that I possess the authority to undertake the work de 'bed herein or am acting as the duly authorized
agent of t ~ applicant.
f ~~ ~ ~~
IG~IATURE OF APPLICANT ~/DAT SIGNATURE OF AGENT ~o DA
/ /
The application must be signed by the person who desires to undertake the proposed activity (applicant) or it may be 5lgned by a duly authorized
agent if the statement in block 11 has been filled out and signed.
18 U.S.C. Section 1001 provides that: Whoever, in any manner within the jurisdiction of any department or agency of the United States, knowingly
and willfully falsifies, conceals, or covers up any trick scheme, or disguises a material fact or makes any false, fictitious or fraudulent statements or
representations or makes or uses any false writing or document knowing same to contain any false, fictitious or fraudulent statements or entry, shall
be fined not more than $10,000 or imprisoned not more than five years or both.

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OF W A TF9 .
• \~ pG Michael F. Easley, Governor
William G. Ross Jr., Secretary
~ ~ North Carolina Department of Environment and Nai'ural Resources
~ -r - Gregory J. Thorpe, Ph.D.
Acting Director
Division of Water Quality
North Carolina 401 Water Quality Certification
This certification is issued in conformity with the requirements of Section 401 Public Laws 92-500 and 95-217 of
the United States and subject to the North Carolina Division of Water Quality (DWQ) Regulations in 15 NCAC 2H, Section .0500.
It is issued to King's Grant Golf and Country Club resulting in 0.41 in Cumberland County pursuant to an application filed on the
4~ day of August 2001 to complete development at King's Grant Golf and Country Cfub.
This application provides adequate assurance that the discharge of fill material into waters of unknown tributary of Carver's
Creek in conjunction with the proposed development will not result in a violation of applicable Water Quality Standards and
discharge guidelines. Therefore, the state of North Carolina certifies that this activity will not violate the application portions of
Section 301, 302, 303, 306, 307 of PL 92-500 and PL 95-2-17 if conducted in accordance with the application conditions
hereinafter set forth.
This approval is only valid for the purpose and design that you described in your application. If you change your project, you
must notify us and send as a new application. If the property is sold, the new owner must be given a copy of this Certification and
approval letter and is thereby responsible for complying with all conditions. If total wetland fills for this project (now or in the
future) exceed one acre, or total perennial stream impact exceeds 150 feet, compensatory mitigation may be required as
described in 15A NCAC 2H .0506 (h). For this approval to be valid, you must follow the conditions listed below. In addition, you
should get any other federal, state or local permits before you go ahead with your project including (but not limited to) Sediment
and Erosion control, Coastal Stormwater, Non-discharge and Water Supply watershed regulations.
1. Appropriate sediment and erosion control practices which equal or exceed those outlined in the most recent
version of two manuals, wither the "North Carolina. Sediment and.,Erosion Control Planning and Design Manual" or
the "North Carolina Surface Mining Manual° (available from the Division of Land Resources in the DEHNR regional
or Central Offices.) The control practices shall be utilized to. prevent exceedances of the appropriate turbidity water
quality standard (50 NTU's in all fresh water streams and river not designated as trout waters; 25 NTU's in all lakes
and reservoirs, and all saltwater classes; and 10 NTUs in trout waters). A sediment curtain shall be util'¢ed at all
times until the dredging is completed in order to control tributary.
2. All sediment and erosion control measures placed in wetlands or waters shall be removed and the natural grade
restored after the Division of Land Resources has replaced the project;
3. Measures shall be taken to prevent live or fresh concrete from coming into contact with waters of the state until the
concrete has hardened; .
4. Shall waste or borrowsites be located in wetlands or other wafers, compensatory mitigation will be required since ft -
is adirect impact from road construction activities;
5. Deed notifications or similar mechanisms shall be placed on all remaining jurisdictional wetlands and water s to
notify the stat in order to assure compliance for future wetland and/or water impact. These mechanisms shall be
put in place within 30 days of the date of this letfer or the issuance of the 404 permit (whichever is later).
-::
6. An additional condition is that a final, wntten stormwater management plan for the site shall be approved in writing
by this Office before the impacts specified In this Certification occur, rf the fina_I percent impervious cover for this
project exceeds 30°~ The stormwater management plan must include plans and specifications for stormwater
management facilities designed to remove 85% TSS according to the most recent version of the NC DENR
Stormwater Best Management Practices Manual. These facilities must be designed to treat the runoff from the
entire project, unless otherwise explicitly approved by the Division~of Water Quality. Also, before any permanent
building is occupied at the subject site, the facilities (as approved by this Office) shall be constr~nd
Wetlands/401 Unit 1650 Mail Service Center Raleigh, NC 27699-1650 Ph: [phone] Fax: [phone] Cus~ES~ervice
1 800 623-7748

operational, and the stormwater managemer;~ plan (as approved by this Office) shall be implemented.
7. We understand that you have chosen to contribute to the Wetlands Restoration Program in order to compensate
for these impacts to wetlands and/or streams. In accordance with 15A NCAC 2R .0402, this information will satisfy
our compensatory mitigation requirements under 15A NCAC 2H .0506(h). According to 15A NCAC 2H .0506 (h)
0.39 acres of non-riparian wetland restoration will be required. Until the Wetland Restoration Program rec4eives
and clears your check (made payable to DENR-Wetlands Restoration Program), wetland stream fill shall not occur.
Mr. Ron Ferrell should be contacted at 919-733-5083 ext. 358 if you do not have any questions concerning the
Wetland Restoration Program. You have one month from the date of the certification to make this payment.
For accounting purposes this Certification authorizes the fill of 0.41 acres of non-riparian restoration are required. Please be
aware that the Wetland Restoration Program (VIIRP) rules require rounding of wetlands are 0.41 acres acreage amounts to 0
one quarter acre increments (15A 2R .0503(b)
If this certification is unacceptable to you, you may ask for an adjudicatory hearing. You must act within 60 days
following receipt of this Certification. This request must be in the form of a written petition, conforming to Chapter 150B
of the North Carolina General Statutes to the Office of Administrative Hearings, P.O. Box 27447, Raleigh, N.C. 27611-
7447. If modifications are made to an original Certification, you have the right to an adjtidic~atory hearing on the
modifications upon written request within sixty (60) days following receipt of the certification. Unless such demands are
made, this certification shall be final and binding
- This the 13th day of November 2001
DMSIOI;( O~WATF:R ni to r .in-v
/ I ~
fho " , Ph.D
Director
Cert. # 3332

~F W A TF9 Michael F. Easley, Governor
~~C\ OG
William G. Ross Jr., Secretary
~ ~ North Carolina Department of Environment and Natural Resources
~ Gregory J. Thorpe, Ph.D.
~ ~ Acting Director
Division of Water Quality
RECEIPT
January 15, 2002
Mr. Charlie Hollis
138 Green Forest Drive
Wilmington, North Carolina 28409
Dear Mr. Hollis: F
Subject: DWQ #: 010034
Project: King's Grant Club
County: Cumberland
The North Carolina Wetlands Restoration Program (NCWRP) has received a check in the
amount of $ 6,000.00 check number 2076, as payment for the compensatory mitigation
requirements of the 401 Water Quality Certification issued for the subject project. This receipt
serves as notification that the compensatory mitigation requirements for this project have been
satisfied. Please note that you must also comply with all other conditions of this certification and
any other state, federal or local government permits or authorization associated with this activity.
The NCWRP, by acceptance of this payment, acknowledges that the NCWRP is
responsible for the compensatory mitigation requirements associated with the subject permit
and agrees to provide the compensatory mitigation as specified in the permit. The NCWRP will
restore .41 acres of non-riparian wetlands in Cataloging Unit 03030004 of the Cape Fear River
basin.
If you have any questions or need additional information, please contact Crystal Braswell
at [phone].
Sincerely,
Ronald E. Ferrell,
Program Manager
cc: Rob Ridings, Wetlands/401 Unit
file
Wetlands Restoration Program 1619 Mail Service Center Raleigh, NC 27699-1619 [phone] Customer Service
320 West Jones Street Raleigh, NC 27603 Fax: [phone] 623-7748 '-
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