20020129 Ver 1_401 Application_20020211

P* '
Environmental Consultants, PA
Road - Raleigh, North Carolina 27614 - Phone: [phone] - Fax: [phone]
Q 01 9
Please note: This permit application w revious y submitted (Jan. 25, 2002, DWQ Project
#: 02 0129), however, we have revised the application at the request of the USACE.
Specifically, all road crossings will be permitted under NWP 14. A copy of this application
has also been forwarded to Mr. Steve Mitchell. A check for $475 was included in our
previous submittal.
The proposed project will permanently impact 390 linear feet of four separate stream
channels (90, 82, 86, and 132 Lf.) under NWP 14 and 0.02 acre of wetlands under NWP 39.
FEB I 1 ",iln"?
January 25, 2002
Revised February 6, 2002
US Army Corps of Engineers NCDENR - DWQ
Raleigh Regulatory Field Office Parkview Building
6508 Falls of the Neuse Road, Ste. 120 2321 Crabtree Boulevard
Raleigh, North Carolina 27615 Raleigh, North Carolina 27604
Attn: Mr. John Thomas Attn: Mr. John Dorney
RE: Nationwide Permit 14, 39, 401 Water Quality Certification, & Neuse River Buffer
Compliance Request
Proposed Fox Hill Farm Subdivision
Hillsborough, Orange County, North Carolina
S&EC Project #: 97-3138
Dear Mr. Thomas and Mr. Dorney:
On behalf of Fox Hills Farm LLC (Randolph Fox, owner), we request authorization from the US
Army Corps of Engineers (USACE) to use Nationwide Permit (NWP) 14 and 39 for the
proposed project to cover permanent impacts to four separate stream channels and wetlands. We
also request written concurrence from the NC Division of Water Quality (NCDWQ) that the
project meets the 401 Water Quality Certification for the associated NWPs and complies with the
Neuse River Basin (NRB) Buffer Rules. A Pre-construction Notification Application (PCN) is
attached, which includes an agent authorization form.
The proposed project consists of installation of access roads necessary for a 91-lot residential
development. The subject property is located approximately 1 mile northwest of the intersection
Charlotte Office: Greensboro Office: Hickory Office:
PMB 291, 3020-1 Prosperity Church Road 3817-E Lawndale Drive 910 Boston Road
Charlotte, NC 28269-7197 Greensboro, NC 27455 Taylorsville, NC 28681
Phone: [phone] Phone: [phone] Phone [phone]
Fax: [phone] Fax: [phone] Fax: [phone]
4b
February 6, 2002
S&EC Project #: 97-3138
Page 2 of 4
of St. Mary's Road (SR 1002) and New Sharon Church Road (SR 1538). The site is bounded on
the east by New Sharon Church Road (SR 1538) and on the west by Baldwin Road (SR 1554)
and is approximately 320 acres in size. Please refer to the attached map (Figure 1) for the
location of the proposed project on a USGS topographic quadrangle.
One of the proposed access roads will cross four separate buffered stream channels and wetlands
at two of the crossings. We request approval to construct Crossings A, B, C, and D under NWP
14. The impact tables in the PCN, as well as the overall impact map, itemize and provide a
description of each proposed impact to stream channels, wetlands, and riparian buffers. The total
proposed impact to wetlands, which result from Crossings B and C, is 0.02 acre. Please refer to
the attached Impact Maps (5 sheets) for the location of each impact.
The USACE's current policy requires applicants to avoid and minimize wetland and stream
channel impacts to the maximum extent practicable and compensatory mitigation to offset
unavoidable losses of waters of the US when impacts exceed the thresholds for notification (0.10
acre) under NWP 14 and 39 or if a discharge causes the loss of any open waters under NWP 39.
A preliminary wetland delineation was performed prior to the development of site plans in order
to minimize wetland impacts. A detailed delineation was then conducted at the proposed impact
areas (see attached jurisdictional determination). The proposed roads are necessary to provide
access and a connection between existing, adjacent roads to ensure safe ingress and egress for the
number of residents that are proposed to occupy the area. Wetland impacts at crossing B could
not be avoided due to engineering difficulties caused by the presence of rock outcroppings at this
location (per conversation with Bomani Lee, project engineer). Rock outcroppings at crossing D
also limited placement of the proposed road alignment. Please note that the applicant has
minimized stream channel impacts by designing the roads to cross perpendicularly, and will
maintain vegetated buffers as required by the NRB riparian buffer rule. Moreover, of the 320
acres within this tract, over 100 acres will be preserved as open space consisting of emergent
wetlands, bottomland hardwood forest and forested uplands. Therefore, S&EC does not believe
further compensatory mitigation should be required by the USACE for this project.
NCDWQ's current policy does not require mitigation for wetland impacts below 1 acre and
stream channel impacts below 150 linear feet per tributary. Because permanent impacts to
wetlands (0.02 acre) and to each stream channel (Crossing A - 90 l.f., Crossing B - 821.f.,
Crossing C - 861.f., Crossing D - 1321.f.) are below the aforementioned thresholds, S&EC
believes that compensatory mitigation should not be required by NCDWQ.
As stated above, all of the proposed stream crossings will cross buffered stream channels. These
road crossings are required in order to access the upland portions of the property. Crossing
locations were chosen in order to minimize wetland impacts and were aligned perpendicularly to
minimize impacts to the riparian buffer. Because the stream crossings have been designed to
minimize impacts and do not impact greater than 150 linear feet or 1/3 acre of riparian buffer we
do not believe buffer mitigation should be required. Please refer to the attached Impact map for
the riparian buffer impacts associated with the project.
l
February 6, 2002
S&EC Project #: 97-3138
Page 3 of 4
A self-addressed stamped envelope is enclosed for NCDWQ's use in copying S&EC, as the
authorized agent for the applicant, with any response provided to the applicant.
Sincerely,
SOIL AND ENVIRONMENTAL CONSULTANTS

Todd Preuninger
Biologist
Attachments:
Pre-construction (PCN) notification form
Site Location Map (Figure 1)
Wetland Impact Maps (5 Sheets)
Agent Authorization Form
Jurisdictional determination

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Pre-Construction Notification (PCN) Application Form
For Section 404 and/or Section 10 Nationwide, Regional and General Permits, Section 401
General Water Quality Certifications, and Riparian Buffer and Watershed Buffer Rules
This form is to be used for projects qualifying for any of the U.S. Army Corps of Engineers' (USACE)
Nationwide, Regional or General Pen-nits as required by Section 404 of the Clean Water Act and/or
Section 10 of the Rivers and Harbors Act, and for the North Carolina Division of Water Quality's
(DWQ) associated General 401 Water Quality Certifications. This form is also to be used for any
project requiring approval under any Riparian Buffer Rules implemented by the N.C. Division of Water
Quality. This form should not be used if you are requesting an Individual 404 Permit or Individual 401
Water Quality Certification. The USACE Individual Pen-nit application form is available online at
http://www.s?jw,usace.arn?nil/wetlands/Pcrn? a?p.htm.
The USACE is the lead regulatory agency. To review the requirements for the use of Nationwide,
Regional or General permits, and to determine which permit applies to your project, please go to the
USACE website at http://www.saw.usace.army.iniI/wetlands/regtour.litm, or contact one of the field
offices listed at the end of this application. The website also lists the responsible project manager for
each county in North Carolina and provides additional information regarding the identification and
regulation of wetlands and waters of the U.S.
The DWQ issues a corresponding Certification (General or Individual), and cannot tell the applicant
which 401 Certification will apply until the 404 Permit type has been determined by the USACE.
Applicants are encouraged to visit DWQ's 401/Wetlands Unit website at
http://h2o.enr.state.nc.us/ncwetlands to read about current requirements for the 401 Water Quality
Certification Program and to determine whether or not Riparian Buffer Rules are applicable. The
applicant is also advised to read the full text of the General Certification (GC) matching the specific 404
Permit requested. In some cases, written approval for some General Certifications is not required,
provided that the applicant adheres to all conditions of the GC. Applicants lacking access to the internet
should contact DWQ's Central Office in Raleigh at [phone].
Trout Waters Coordination - Special coordination with the North Carolina Wildlife Resources
Commission (NCWRC) is also required for projects occurring in any of North Carolina's twenty-five
counties that contain trout waters. In such cases, the applicant should contact the appropriate NCWRC
regional coordinator (listed by county on the last page of this application).
Page I of 12

CAMA Coordination - If the project occurs in any of North Carolina's twenty coastal counties (listed on
the last page of this application) the applicant should also contact the North Carolina Division of Coastal
Management (DCM) at [phone]. DCM will determine whether or not the project involves a
designated Area of Environmental Concern, in which case DCM will act as the lead pennitting agency.
In such cases, DCM will require a Coastal Area Management Act (CAMA) Pen-nit and will coordinate
the 404/401 Permits.
USACE Permits - Submit one copy of this form, along with supporting narratives, maps, data forms,
photos, etc. to the applicable USACE Regulatory Field Office (addresses are listed at the end of this
application). Upon receipt of an application, the USACE will determine if the application is complete as
soon as possible, not to exceed 30 days. This PCN form is designed for the convenience of the applicant
to address information needs for all USACE Nationwide, Regional or General permits, as well as
information required for State authorizations, certifications, and coordination. Fully providing the
information requested on this form will result in a complete application for any of the USACE
Nationwide, Regional or General permits. To review the minimum amount of information that must be
provided for a complete PCN for each USACE Nationwide permit, see Condition 13, 65 Fed.Reg. 12893
(March 9, 2000), available at http://www.saw.usacc.ariny.mil/wetlands/nwpfinalFedReg.p(if.
Processing times vary by permit and begin once the application has been determined to be complete.
Please contact the appropriate regulatory field office for specific answers to permit processing periods.
401 Water Quality Certification or Buffer Rules - All information is required unless otherwise stated
as optional. Incomplete applications will be returned. Submit seven collated copies of all USACE
Permit materials to the Division of Water Quality, 401/Wetlands Unit, 1650 Mail Service Center,
Raleigh, NC, 27699-1650. If written approval is required or specifically requested for a 401
Certification, then a non-refundable application fee is required. In brief, if project impacts include less
than one acre of cumulative wetland/water impacts and less than 150 feet cumulative impacts to
streams, then a fee of $200 is required. If either of these thresholds is exceeded, then a fee of $475 is
required. A check made out to the North Carolina Division of Water Quality, with the specific name of
the project or applicant identified, should be stapled to the front of the application package. For more
information, see the DWQ website at http://h2o.chnr.state.nc.us/ncwetlands/fces.html. The fee must be
attached with the application unless the applicant is a federal agency in which case the check may be
issued from a separate office. In such cases, the project must be identifiable on the U.S. Treasury check
so that it can be credited to the appropriate project. If written approval is sought solely for Buffer Rules,
the application tee does not apply, and the applicant should clearly state (in a cover letter) that only
Buffer Rule approval is sought in writing. Wetlands or waters of the U.S. may not be impacted prior to
issuance or waiver of a Section 401 Water Quality Certification. Upon receipt of a complete application
for a 401 Certification, the Division of Water Quality has 60 days to prepare a written response to the
applicant. This may include a 401 Certification, an on-hold letter pending receipt of additional
requested infonnation, or denial.
Pagc 2 of 12
Office Use Only: Form Version April 2001
USACE Action ID No. DWQ No.
If any particular item is not applicable to this project, please enter "Not Applicable" or "N/A" rather than
leaving the space blank.
1. Processing
1. Check all of the approval(s) requested for this project:
® Section 404 Permit
? Section 10 Pen-nit
® 401 Water Quality Certification
® Riparian or Watershed Buffer Rules
2. Nationwide, Regional or General Permit Number(s) Requested: 14 & 39
3. If this notification is solely a courtesy copy because written approval forthe 401 Certification
is not required, check here: ?
4. If payment into the North Carolina Wetlands Restoration Program (NCWRP) is proposed for
mitigation of impacts (see section VIII - Mitigation), check here: ?
if. Applicant Information Owner/Applicant Information
E-mail Address: NA
Name: Fox Hill Farm LLC, Attn. Randolph Fox
Mailing Address: 2726 Croasdaile Drive
Durham North Carolina 27705
Telephone Number: 919-383-5681 Fax Number: NA
2. Agent 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 Preuninger
Company Affiliation: Soil & Environmental Consultants, PA
Mailing Address: 11010 Raven Ridge Road
Raleigh. North Carolina 27614
Telephone Number: 919/846-5900 Fax Number: 919/846-9467
E-mail Address: preuningerCc?sandec.com
Paige 3 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 I I 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: Fox Hill Farm
2. T.I.P. Project Number (NCDOT Only):
3. Property Identification Number (Tax PIN): 9885262530
4. Location
County: Orange Nearest Town: Hillsborough
Subdivision name (include phase/lot number): Fox Hill Farm - Central
Directions to site (include road numbers, landmarks, etc.): The site can be reached by aking
St. Mary's Road (SR 1002) east out of Hillsborough and continuing east until reaching New
Sharon Church Road (SR 1538). The site is approximately 3000 feet northwest of the
intersection of New Sharon Church Road and St. Mary's Road.
Site coordinates, if available (UTM or Lat/Long): 36"06'06" N 79 003'44" W
(Note - If project is linear, such as a road or utility line, attach a sheet that separately lists the
coordinates for each crossing of a distinct waterbody.)
6. Describe the existing land use or condition of the site at the time of this application: The site
is currently comprised of forested tracts and pasture.
7. Property size (acres): 320 acres
8. Nearest body of water (stream/river/sound/ocean/lake): Little Creek
9. River Basin:
(Note - this must be one of North Carolina's seventeen designated major river basins. The
River Basin map is available at litt ://h2o.cnr.StatC.nc.us/admin/inaps/.)
Pagc 4 of 12
10. Describe the purpose of the proposed work: The purpose of the project is to install access
roads sufficient for a 91 lot residential subdivision.
11. List the type of equipment to be used to construct the project: Heavy equipment typical
of road construction will be used for the protect.
12. Describe the land use in the vicinity of this project: Land use in the surrounding area is
mixed including both rural use (i.e. farm land, pastures, and forested tracts) and subdivisions.
IV. Prior Project History
If jurisdictional determinations and/or pen-nits 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 pennits,
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.
S&EC conducted a wetland delineation and buffer evaluation on the property in October 2001
and Mr. John Thomas of the USACE approved the delineation on October 31, 2001 (see
attachments). Action ID 2002200121
V. Future Project Plans
Are any additional permit requests anticipated for this project in the future? If so, describe the
anticipated work, and provide justification for the exclusion of this work from the current
application: There are no additional permit requests anticipated at this time.
V1. 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. The applicant must also
provide justification for these impacts in Section VII below. All proposed impacts, permanent
and temporary, must be listed herein, and must be clearly identifiable on an accompanying site
plan. All wetlands and waters, and all streams (intermittent and perennial) must 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
Page 5 of' 12
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. Wetland Impacts
Wetland Impact Type of Area of Located within Distance to
Site Number Impact* Impact 100-year Floodplain** Nearest Stream Type of Wetland***
(indicate on ma) (acres) (es/no) (linear feet)
NWP 39 fill 0.0167 no 0 Seep/headwater forest
Crossing B (727 s q. ft.)
NWP 39 fill 0.001 no 0 emergent
-Crossing C (68 s q. ft.)

* List each impact separately and identify temporary impacts. 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.
** 100-Year floodplains are identified through the Federal Emergency Management Agency's (FEMA) Flood Insurance Rate Maps
(FIRM), or FEMA-approved local floodplain maps. Maps are available through the FEMA Map Service Center at 1-800-358-9616, or
online at littj?!L%v _vy,fcrna.t o v.
*** List a wetland type that best describes wetland to be impacted (e.g., freshwater/saltwater marsh, £)rested wetland, beaver pond,
Carolina Bay, bog, etc.)
List the total acreage (estimated) of existing wetlands on the property: >I acre
Total area of wetland impact proposed: 795 sq. ft. (0.02 ac.)
2. Stream Impacts, including all intermittent and perennial streams
Stream Impact Length of Average Width Perennial or
Site Number Type of Impact* Impact Stream Name** of Stream Intermittent'?
(indicate on ma) (linear feet) Before Impact (please secif )
NWP 14 culvert/rip-rap 90 UT to Little Creek 3 Intermittent
Crossing A
NWP 14 culvert/rip-rap 82 UT to Little Creek 4 Perennial
Crossing B
NWP 14 culvert/rip-rap 86 UT to Little Creek 3 Intermittent
Crossing C
NWP 14 culvert/rip-rap 132 Little Creek 12-15 Perennial
Crossin D

* List each impact separately and identity temporary impacts. Impacts include, but are not limited to: culverts and associated riprap,
dams (separately list impacts due to both structure and flooding), relocation (include linear feet before and after, and net loss/gain),
stabilization activities (cement wall, rip-rap, crib wall, 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 beincluded.
** Stream names can be found on USGS topographic maps. If a stream has no name, list as UT (unnamed tributary) to the nearest
downstream named stream into which it flows. USGS maps are available through the USGS at 1-800-358-9616, or online at
ww}ausgs._go,?. Several internet sites also allow direct download and printing of USGS maps (e.g., www.Cg3?ozunc,_?oi?i,
??ww_nripcjuesLc? m, etc.).
Cumulative impacts (linear distance in feet) to all streams on site: NWP 14 - 390 linear feet
Page 6 of 12

3. Open Water Impacts, including Lakes, Ponds, Estuaries, Sounds, Atlantic Ocean and any
other Water of the U.S.
Open Water Impact
Site Number
(indicate on ma)
Type of Impact* Area of
Impact
(acres)
(if Name applicable) Wat) Type of Waterbody
(lake, pond, estuary, sound,
bay, ocean, etc.)
NA NA NA NA NA

* List each impact separately and identify temporary impacts. Impacts include, but are not limited to: fill, excavation, dredging,
flooding, drainage, bulkheads, etc.
4. 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
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 applicant reauested a delineation of wetland and surface waters on the site prior to
developing the site plan. The site plan was designed to minimize impacts to jurisdictional areas
to the maximum extent practicable by aligning roads to cross stream channels perpendicularly.
Some wetland impacts were unavoidable because engineering constraints (i.e. rock outcroppings
limited placement of the proposed road alignment. The initial site plans indicated two crossings
at stream A, however, the plans were revised following the wetland delineation. The upper
portions of the drainage features within the property are primarily large wetland seeps and were
avoided entirely by utilizing stream crossing where the channels become more well-defined.
Page 7 of 12
V111. 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 March 9, 2000, 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 detennining 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 NCWRP 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/stringide.litml.
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 of site), 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.
The USACE's current policy requires applicants to avoid and minimize wetland and stream
channel impacts to the maximum extent practicable and compensatory mitigation to offset
unavoidable losses of waters of the US when impacts exceed the thresholds for notification (0.10
acre) under NWP 14 and 39 or if a discharge causes the loss of any open waters under NWP 39.
The proposed roads are necessary to provide access and a connection between existing roads to
ensure safe ingress and egress for the number of residents that are proposed to occupy the area.
In addition, it is not possible to access the upland portions of the property without crossing these
stream channels. Please note that the applicant has minimized stream channel impacts by
designing the roads to cross perpendicularly, and will maintain vegetated buffers as required by
the NRB riparian buffer rule. Moreover, of the 320 acres within this tract, over 100 acres will be
preserved as open space consisting of emergent wetlands, bottomland hardwood forest and
forested uplands. Therefore, S&EC does not believe further compensatory mitigation should be
required by the USACE for this project.
Page 8 of 12
NCDWQ's current policy does not require mitigation for wetland impacts below 1 acre
and stream channel impacts below 150 linear feet per tributary. Because permanent impacts
to wetlands (0.02 acre) and to each stream channel (Crossing A - 90 l.f., Crossing B - 82 If,
Crossing C - 86 Lf., Crossing C - 132 l.f) are below the aforementioned thresholds, S&EC
believes that compensatory mitigation should not be required by NCDWQ. As stated above,
each of the proposed road crossing will cross a buffered stream channel. Because these
crossings were designed to minimize impacts (i.e. perpendicular crossings and impact less
than 150 linear feet per tributary, and because riparian buffers will be maintained along the
remaining streams, we do not believe buffer mitigation should be required.
2. Mitigation may also be made by payment into the North Carolina Wetlands Restoration
Program (NCWRP) with the NCWRP's written agreement. Check the box indicating that
you would like to pay into the NCWRP. Please note that payment into the NCWRP must be
reviewed and approved before it can be used to satisfy mitigation requirements. Applicants
will be notified early in the review process by the 401/Wetlands Unit if payment into the
NCWRP is available as an option. For additional information regarding the application
process for the NCWRP, check the NCWRP website at htV.//h2o.enr_state.nc.tis/wrp/index_htin If
use of the NCWRP is proposed, please check the appropriate box on page three 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 of Non-riparian wetland mitigation requested (acres): NA
Amount of Coastal wetland mitigation requested (acres): NA
IX. Environmental Documentation (DWQ Only)
Does the project involve an expenditure of public funds or the use of public (federal/state/local)
land?
Yes ? No
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 ?
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 ?
Page 9 of 12
X. Proposed Impacts on Riparian and Watershed Buffers (DWQ Only)
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.
Will the project impact protected riparian buffers identified within 15A NCAC 2B .0233
(Neuse), 15A NCAC 2B .0259 (Tar-Pamlico), 15A NCAC 2B .0250 (Randleman Rules and
Water Supply Buffer Requirements), or other (please identify )?
Yes ® No ? If you answered "yes", provide the following information:
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
(square feet) Multiplier Required
Mitigation
l 19,474 3 NA
2 11,043 1.5 NA
"Total 30,517 NA
* Lone I extends out 30 teet perpendicular from near bank of channel; Lone 2 extends an
additional 20 feet from the edge of Zone 1.
If buffer mitigation is required, please discuss what type of mitigation is proposed (i.e., Donation
of Property, Conservation Easement, Riparian Buffer Restoration / Enhancement, Preservation or
Payment into the Riparian Buffer Restoration Fund). Please attach all appropriate information as
identified within 15A NCAC 2B .0242 or.0260.
NA
XI. Stormwater (DWQ Only)
Describe impervious acreage (both 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.
The site does not currently contain impervious acreage. Because the site will retain over 100
acres of open space and the average lot size is 2.3 acres the proposed project is not expected to
increase the impervious area on the site beyond 30 %. The initial estimate for impervious
surface is actually about 5% (per conversation with engineer). The applicable Neuse River
Page 10 of 12
riparian buffers and water supply watershed drainageway buffers are expected to protect surface
waters and wetlands downstream from the property.
X11. Sewage Disposal (DWQ Only)
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.
Individual septic systems
X111. Violations (DWQ Only)
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. 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).
r
Applicant/Agent's Signature Date
(Agent's signature is valid only if an authorization letter from the applicant is provided.)
US Army Corps Of Engineers Field Offices and County Coverage
Asheville Regulatory Field Office Alexander Cherokee Iredell Mitchell Union
US Army Corps of Fngineers Avery Clay Jackson Polk Watauga
151 Patton Avenue Buncombe Cleveland Lincoln Rowan Yancey
Room 208 Burke Gaston Macon Rutherford
Asheville, NC 28801-5006 Cabarrus Graham Madison Stanley
Telephone: [phone] Caldwell Haywood McDowell Swain
Fax: [phone] Catawba Henderson Mecklenburg Transylvania
Raleigh Regulatory Field Office Alamance Durham Johnston Rockingham Wilson
US Army Corps Of Fngineers Alleghany Edgecombe Lee Stokes Yadkin
6508 Falls of the Neuse Road Ashe Franklin Nash Surry
Suite 120 Caswell Forsyth Northampton Vance
Raleigh, NC 27615 Chatham Granville Orange Wake
Telephone: [phone] Davidson Guilford Person Warren
Page I I of 12

Fax: [phone] Davie Halifax Randolph
Washington Regulatory Field Office Beaufort Currituck Jones
US Army Corps Of Engineers Bertie Dare Lenoir
Post Office Box 1000 Camden Gates Martin
Washington, NC 27889-1000 Carteret* Green Pamlico
Telephone: [phone] Chowan IIertford Pasquotank
Fax: [phone] Craven Hyde Perquimans
Wilmington Regulatory Field Office Anson Duplin Onslow
US Army Corps Of Engineers Bladen Harnett Pender
Post Office Box 1890 Brunswick Hoke Richmond
Wilmington, NC 28402-1890 Carteret Montgomery Robeson
Telephone: [phone] Columbus Moore Sampson
Fax: [phone] Cumberland New Hanover Scotland
US Fis
US Fish and Wildlife Service
Raleigh Field Office
Post Office Box 33726
Raleigh, NC 27636-3726
Telephone: [phone]
h and Wildlife Service / National N
US Fish and Wildlife Service
Asheville Field Office
160 Zillicoa Street
Asheville, NC 28801
Telephone: [phone]
Wilkes
Pitt
Tyrrell
Washington
Wayne
*Croatan National Forest Only
arine Fisheries Service
National Marine Fisheries Service
Habitat Conservation Division
Pivers Island
Beaufort, NC 28516
Telephone: [phone]
North Carolina State Agencies
Division of Water Quality
401 Wetlands Unit
1650 Mail Service Center
Raleigh, NC 27699-1650
Telephone: [phone]
Fax: [phone]
Division of Water Quality
Wetlands Restoration Program
1619 Mail Service Center
Raleigh, NC 27699-1619
Telephone: [phone]
Fax: [phone]
CAMA and NC Coastal Counties
State Historic Preservation Office
Department Of Cultural Resources
4617 Mail Service Center
Raleigh, NC 27699-4617
Telephone: [phone]
Fax: [phone]
Division of Coastal Management Beaufort Chowan Hertford Pasquotank
1638 Mail Service Center Bertie Craven Hyde Pender
Raleigh, NC 27699-1638 Brunswick Currituck New Hanover Perquimans
Telephone: [phone] Camden Dare Onslow Tyrrell
Fax: [phone] Carteret Gates Pamlico Washington
NCWRC and NC Trout Counties
Western Piedmont Region Coordinator Alleghany Caldwell Watauga
3855 Idlewild Road Ashe Mitchell Wilkes
Kernersville, NC 27284-9180 Avery Stokes
Telephone: [phone] Burke Surry
Mountain Region Coordinator Buncombe Henderson Polk
20830 Great Smoky Mtn. Expressway Cherokee Jackson Rutherford
Waynesville, NC 28786 Clay Macon Swain
Telephone: [phone] Graham Madison Transylvania
Fax: [phone] Haywood McDowell Yancey
Page 12 of 12

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1968
REVISED 1994
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Soil & Environmental Consultants, Inc.
11010 Raven Ridge Rd.- Raleigh, NC 27614
[phone] • [phone]
Web Page: www.SandEC.com

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Crossing A. NWP 14
Stream Impact - 901.f.
Zone 1: 4,232 sq. ft.
Zone 2: 2,432 sq. ft.
Total: 6,664 sq. ft. (0.15 Ac.)
Crossing B. NWP 14
Stream Impact 82 11
Zone 1: 3,824 sq. ft.
Zone 2: 2,341 sq. ft
Total 6,165 sq. ft. (0.14 Ac.)
Wetland Impact: 727 sq. ft. (0.0167 Ac.)
Crossing C. NWP 14
Stream Impact: 86 l.f.
Zone 1: 3,861 sq. ft.
Zone 2: 2,236 sq. ft.
Total: 6,097 sq. ft. (0.14 Ac.)
Wetland Impact: 68 sq. ft. (0.001 Ac.)
Crossing D. NWP 14
Stream Impact: 132 l.f.
Zone L 7,557 sq. ft.
"Zone 2: 4,034 sq. ft.
Total: 11,591 Sq. ft. (0.27 Ac.)
Cumulative Channel Impacts (linear feet)
Crossing A 901f
Crossing B 82 If
Crossing C 861f
Crossing D 132 If
'T'otal 390 If
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Crossing C. 68 sq. ft. (0.001 Ac.)
Total 795 sq. ft. (0.02 Ac.)
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Soil & Environmental Consultants, PA
11010 Raven Ridge Road • Raleigh, North Carolina 27614 • Phone: [phone] • Pax: [phone]
www.SandEC.com
AGENT AUTHORIZATION FORM
All Blanks To Be Filled In By The Current Landowner
Name: Fox Hill Farm L LC Randolph D. Fox
Address: 2726 Croasdaile Drive, Durham, N. C. 27705
Phone: [phone]
Project Name/ Description: -
Date: August 20, 2001
The Department of the Army
U.S. Army Corps of Engineers, Wilmington District
P.O. Box 1890
Wilmington, NC 28402
Amanda Jones
Attn:
Field Office: Raleigh
Re: Wetlands Related Consulting and Permitting
To Whom It May Concern:
I, the current roe owner, hereby designate and authorize Soil & Environmental Consultants, Inc. to
act in my behalf as my agent in the processing of permit applications, to furnish upon request
supplemental information in support of applications, etc. from this day forward. The 9n*'}, day of
August, 2001
This notification supersedes any previous correspondence concerning the agent for this project.
NOTICE: This authorization, for liability and professional courtesy reasons, is valid only for
government officials to enter the property when accompanied by S&EC staff. You should call S&EC
to arrange a site meeting prior to visiting the site.
Fox Hill Farm,LLC Randolph D. Fox
Print Property Owner's Name
cc: Mr. John Dorney cc:
NCDENR - DWQ
2321 Crabtree Boulevard
Raleigh, NC 27604
:( - - t,/;-3 Ch"(/ _
Owner Signature
Todd Preuninger
& Environmental Consultants, PA
blank agent auth fonn.doc
C1iarloite OfficG_ Greensboro Office: I cko O fice.
910 Boston Road
1'M13 291, 3020-1 Prosperity Church Road 3817-F Lawndale Drive
Charlotte, NC 28209-7197 Greensboro, NC 27455 Taylorsville, NC 28681
Phone: [phone] Phone: [phone] Phone [phone] Pax: [phone] Fax: [phone] Fax: [phone]
Fox Hill Farm - Central

U.S. ARMY CORPS OF ENGINEERS
Wilmington District
Action ID: 2002200121
County: Owe-' 5
Notification of Jurisdictional Determination
Property Authorized
Owner Fox Hill Farm, LLC Agent Soil & Environmental Consultants
C/o Mr. Randolph D. Fox C/o Todd Preuninger
Address 2726 Croasdaile Drive Address 11010 Raven Ridge Road
Durham, NC 27605 Raleigh, NC 27614
Telephone Number 919 383-5681 Telephone Number 919 846-5900
Size and Location of Property (waterbody, Highway name/number, town, etc.) Mr. Randolph D.
Fox's Fox Hill Farm property located off of SR 1538, adjacent to Little Creek, near Hillsborough, in
Orange County, North Carolina.
Indicate Which of the Following apply:
0 There are wetlands on the above described property which we strongly suggest should be delineated and surveyed.
The surveyed wetland lines must be verified by our staff before the Corps will make a final jurisdictional
determination on your property.
0 Because of the size of your property and our present workload, our identification and delineation of your wetlands
cannot be accomplished in a timely manner. You may wish to obtain a consultant to obtain a more timely
delineation of the wetlands. Once the consultant has flagged a wetland line on the property, Corps staff will
review it, and, if it is accurate, we strongly recommend that you have the line surveyed for final approval be the
Corps. The Corps will not make a final jurisdictional determination on your property without an approved survey.
The wetlands on your lot have been delineated, and the limits of the Corps jurisdiction have
been explained to you. Unless there is a chanze in the law or our published rewouladons, this
determination may be relied upon for a period not to exceed five years from the date of this
notification.
0 There are no 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 detennination may be relied upon for a period not to exceed five years from the date of this
notification.
0 The project is located in one of the 20 Coastal Counties. You should contact the nearest State Office of Coastal
Management to determine their requirements.
Placement of dredged or fill material in wetlands on this property without a Department of the
Army permit is in most cases a violation of Section 301 of the Clean Water Act (33 USC 1311). A
permit is not required for work on the property restricted entirely to existing high ground. If you
have any questions regarding the Corps of Engineers regulatory program, please contact
John Thomas at 91 - 876 - 8441 extension 25
Project Manager Signature Z
Date October 31, 2001 Expiration e October 31, 2006
SURVEY PLAT OR FIELD SKETCH OF DESCRI13ED PROPERTY AND THE WETLAND
DELINEATION FORM MUST BE ATTACHED TO THE YELLOW (FILE) COPY OF THIS FORM.
Triage Check List
Date: 112, UOX
To: PQRRO Steve Mitchell
?FRO Ken Averitte
?WaRO Deborah Sawyer
?WiRO Joanne Steenhuis
?WSRO Jennifer Frye
EIARO Mike Parker
?MRO Pete Colwell
From: 6y k,, ; Ka?bly
Project Name Foy W i l l Fri
DWQ Project Number 020 1 2-1
County t?ran?f
Telephone [phone]-/
The file attached is being forwarded to you for your evaluation. Please call if you need
assistance.
? Stream length impacted
? Stream determination
? Wetland determination and distance to blue-line surface waters on USGW topo maps
gMinimization/avoidance issues
? Buffer Rules (Neuse, Tar-Pamilco, Catawba, Randleman)
? Pond fill
? Mitigation Ratios
? Ditching
? Are the stream and or wetland mitigation sites available and viable?
? Check drawings for accuracy
? Is the application consistent with pre-application meetings?
? Cumulative impact concerns
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