20070791 Ver 1_Modifications_20071218

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Enoch Engineers, P.A.
1403 Hwy 50 South
Benson, NC 27504
Phone [phone] Fax [phone]
LETTER OF TR4NSM17TAL

DATE: December 14, 2007
FROM: Jason Godwin
TO: Mr. Ian McMillan
NC DWQ
Raleigh, NC
RE: Overhills Creek S/D
Amended 401 Permit Application
NOTES:
Dear Mr. McMillan:
Enclosed are (5) copies of the Amended 401 Wetland Permit Application.
Please call with any questions or concerns.
Sincerely,
Q~~' r
Jason Godwin
Environmental Consultant
Enoch Engineers, P.A.
Enclosures
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noch
ng~,P.A.
Joe E. Godwin Sr., PE, PLS Consulting Engineers & Surveyors Phone: [phone]
[phone]
Joe E. Godwin Jr., PE, PLS 1403 NC Highway 50 South Fax: [phone]
Kevin R. Allen, PE Benson, North Carolina 27504 Email: [e-mail]
December 14, 2007
NC Division of Water Quality (DWQ)
401 Oversight/Express Review Permitting Unit l~ ~-,~. ~ ;
2321 Crabtree Boulevard, Suite 250 ~~ ~" ~.:~ ,, „_
Raleigh, North Carolina 27604 ~t~
~: ~.1, ?. t~ c lJ t,
Attn: Ian McMillan
'7~:±ti+; - ~1~'Al ~N, 4lJt1LiT~Y'
9VET'..'~ll'~°l f~'D "3Tt)t?6Al'!:~7~ aRAp1~Fi
Reference: PERMIT PACKAGE AMMENDED
(Harnett County PIN #'s 0514-44-3676 and 0514-54-0567)
Overhills Creek Subdivision (UT to Lake Holton, 030614,18-23-30, C)
Spring Lake, North Carolina
Enoch Engineers Project No. 2694
Enoch Engineers has completed the water quality certification, wetland permit application for the project
listed above (F~ es). On behalf of the owner, please find attached the completed pre-construction
notification (PCN) form requesting a 401 water quality certification for Overhills Creek Subdivision and
additional information regarding cumulative wetland impacts from previous sections of Ovexhills Creek
developu.ent (AaaA^~,; m).
PRC~TF.C'T ST11\~NTARY
Overhills Creek Subdivision
Project T e Residential Subdivision Road Crossin
Owner/Applicant W.S. Wellons Realty/Billy Wellons, Jr.
Coun Harnett
Nearest Town Overhills
Nearest Waterbod Name ndex No. Unnamed tribut to Lake Holton 18-23-30
Basin Ca e Fear
Sub-basin U er Ca e Fear River
Class C
TMPA('T CTTMMARY
Stream Impact (feet) 0
Wetland Im act acres 0.203
Open Water Impact (acres) 0
Total Im act to Waters of the United States acres 0.203
Total Stream Impact (feet) 0
Total Buffer Im act s uare feet 0
S:\GIS\Projects\Overhills Creek\Revised DWQ Project Sumtnary.doc ~

Enoch Engineers appreciates your time and consideration with this project. Should you have any questions
about this project please contact Jason Godwin at [phone], extension 241.
Respectfully,
Enoch Engineers, PA
Jason Godwin
Attachments: Pre-construction Notification
Agent Authorization Form
USACE-Nationwide Permit 14
NCEEP Payment Acceptance Letter
F~ es
Site Plans
cc: BBC Enterprises, Owner
EE file
S:\GIS\Projects\Overhills Creek\Revised DWQ Project Summary.doc

Pre-construction Notification Form
S:\GIS\Projects\Overhills Creek\Revised DWQ Project Summary.doc

Office Use Only: Form Version March OS
USAGE Action ID No. DWQ No. ~ ~ ~ ~ ~ a ~
(If any particular item is not applicable to this project, please enter "Not Applicable" or "N/n".)
I. Processing
1. Check all of the approval(s) requested for this project:
^ Section 404 Permit ^ Riparian or Watershed Buffer Rules
^ Section 10 Permit ® Isolated Wetland Permit from DWQ
® 401 Water Quality Certification ^ Express 401 Water Quality Certification
2. Nationwide, Regional or General Permit Number(s) Requested: Verified, attached
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)~ Anil +l,A prn~An+ ;~ w:ta1T;.': a l~TOTth Caroluna Dl:'ls.on of COast~l Management Area of
au uav •v vv~ i
Environmental Concern (see the top of page 2 for further details), checl~e ~-°z,
~~`~ ~ i"~'~l.i a ~..~ a~d
II. Applicant Information ~t\
1. Owner/Applicant Information
~~~C~R - ~lAl"~k i1JA! i~fY
Name: Billy Wellons~ Jr , ; Q;~~;~ ~,ro "rn~~,n~,,, ~R (3Rnn~CH
Mailing Address: BBC Enterprises
P.O. Box 766
Spring Lake, Noah Carolina 28390
Telephone Number: 910-436-3131 Fax Number: 910-436-2242
E-mail Address:
2. Agent/Consultant Information (A signed and dated copy of the Agent Authorization letter
must be attached if the Agent has signatory authority for the owner/applicant.)
Name: Jason E. Godwin
Company Affiliation: Enoch Engineers, PA
Mailing Address: 1403 NC Highwa~50 South
Benson North Carolina 27504
Telephone Number: 919-894-7765 Fax Number: 919-894-8190
E-mail Address: ~ason~,enochengineers.eom
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 fmal 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: C-verhills Creek Subdivision
2. T.LP. Project Number or State Project Number (NCDQT Dnly):
3. Property Identification Number (Tax PIN): 0514-44-3676
4. T. ,oVatlon
County: Harnett County Nearest Town: Spring Lake
Subdivision name (include phase/lot number): C-verhills Creek Subdivision-Section 7, Part 1
Directions to site (include road numbers/names, landmarks, etc.): Beginning in Lillingtton,
NC go South on NC Highway 210 apyroximately 10.2 miles and turn right on C-verhills Road
(NCSR 1120, and go forward through one intersection at C-verhills Road and Anderson Creek
School Road (NCSR 2064). Travel apyr~~ 2.9 miles and you will arrive to the main
entrance of C-verhills Creek Subdivision on the left.
~. Site coordinates (For linear projects, such as a road or utility line, attach a sheet that
separately lists the coordinates for each crossing of a distinct waterbody.)
Decimal Degrees (6 digits minimum): 35.1453 °N 78.5659 °W
6. Property size (acres): 43 acres
7. Name of nearest receiving body of water: Unnamed tributary to Lake Holton
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 ;~tt~:/,~1~,?0.~,~lr.s~~te.~lc.us/acllnirl,~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 currently under construction. Previous sections of
Ctverhills Creek have been completed and currently have residents. There are established single
Updated 11/12005
Page 2 of 9

lot subdivisions existing along each east and west boundary adjacent to Ovexhills Creek
subdivision An unnamed tributary to Lake Holton exists in the southern portion of the tract.
Single lot homes exist south of the unnamed tributary bordering the southern boundary of
Overhills Creek Subdivision. Paved roads have been installed with asphalt curb and gutter, and
some houses are built in Section 7 of Overhills Creek.
10. Describe the overall project in detail, including the type of equipment to be used: The
project includes the construction of a residential subdivision including multiple single family
residential homes. Track-hoes, bull-dozers, and excavators have been used for this project.
11. Explain the purpose of the proposed work: Thee burpose of the proposed work is to provide a
continuous road network for the proposed remaining lots in Section 7 of Overhills Creek
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 of previously issued permits,
certifications or other useful information. Describe previously approved wetland, stream and
buffer impacts, along with associated mitigation (where applicable). If this is a NCDOT project,
list end describe permits issued for prior segments of the same T.I.P. project, along with
construction schedules.
Enoch Engineers is aware that a jurisdictional determination has been obtained fox
C-verhills Creek USACE Action ID# 2005-454 dated ~une 215L 2007. In addition, a nation wide
permit ~ UI') 14 (USACE Action ID# 2005-454) has been issued by the USACE. Wilmington
District August 9~' 2007. Enoch Engineers is aware that permits have also been obtained for the
previous phase of the project; NWP 27 (USACE Action ID#: 200500454-043) and Water Quality
Certification No. 3399 (DWO Project#: 2003-0398) issued April 24`~ 2003 as part of a
restoration/creation effort. In addition. a Watex Quality Certification No. 3627 (DWO Project #
2007-079 was issued December 3, 2007.
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.
It is understood by Enoch Engineers that the owner may wish to apply for an isolated
wetland permit for the isolated wetland feature located exclusively on lot #573 adjacent to the
intersection of Caldwell Street and Rockingham Street.
VI. Proposed Impacts to Waters of the United States/Waters of the State
It is the applicant's (or agent's) responsibility to determine, delineate and map all impacts to
wetlands, open water, and stream channels associated vritla the project. Each impact must be
listed separately in the tables below (e.g., culvert installation should be listed separately from
Updated 11/1/2005
Page 3 of 9

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: All impacts are After-the-Fact and
are permanent. Impact #1 has occurred on Hillandale Road. Impact #2 occurred on Pender
Road. Impact #3 occurred on Caldwell Street. Impact #4 involves earthen fill in an isolated
wetland feature as a result of the road installation of Swain Street.
2. Individually list wetland impacts. Types of impacts include, but are not limited to
mechanized clearing, grading, fill, excavation, flooding, ditching/drainage, etc. For dams,
separately list impacts due to both structure and flooding.
Wetland Impact Type of Wetland Located within Distance to Area of
Site Number Type of Impact (e.g., forested, marsh, 100-year
Floodplain Nearest
Stream Impact
(acres)
(indicate on map) herbaceous, bog, etc.) es/no) (linear feet)
#I Permanent Road Crossing Freshwater forested/shmb wetland no 400 0.031
#2 Permanent Road Crossing Freshwater forested/shmb wetland n0 350 0.069
#3 Permanent Road Crossing Freshwater forested/shrub wetland n0 1,300 U.U54

#4 Permanent Isolated Impact
Road Crossing
Freshwater forested/shmb wetland
no
1,200
0.049

Total Wetland Impact (acres) 0.203
3. List the total acreage (estimated) of all existing wetlands on the property: 9 acres
4. Individually list all intermittent and perennial stream impacts. Be sure to identify temporary
impacts. Stream impacts include, but are not limited to placement of fill or culverts, dam
construction, flooding, relocation, stabilization activities (e.g., cement walls, rip-rap, crib
walls, gabions, etc.), excavation, ditching/straightening, etc. If stream relocation is proposed,
plans and profiles showing the linear footprint for both the original and relocated streams
must be included. To calculate acreage, multiply length X width, then divide by 43,560.
Stream Impact
Number
(indicate on map)
Stream Name
Type of Impact
Perennial or
Intermittent? Average
Stream Width
Before hn act Impact
Length
(linear feet) Area of
Impact
(acres)

Total Stream Impact (by length and acreage} 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 Pxravatinn_ clrerlgin~_ floodin>?_ drainage. bulkheads, etc.
Open Water Impact
Site Number
(indicate on ma) Name of Waterbody

(if applicable)
Type of Impact Type of Waterbody
(lake, pond, estuary, sound, bay,
ocean, etc.) Area of
Impact
(acres)

Total Open Water Impact (acres) ~
6. List the cumulative im act to all Waters of the U.S. resultin from the roject:
Stream Impact (acres): 0
Wetland Impact (acres): 0.203
Open Water Impact (acres): 0
Total Impact to Waters of the U.S. (acres) 0.203
Total Stream Impact (linear feet): 0
7. Isolated Waters
Do any isolated waters exist on the property? ®Yes ^ No
Describe all impacts to isolated wa±ers, ?nd 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.
There are two isolated wetland feature present in Overhills Creek Subdivision
determined by the Division of Water Quality.
8. Pond Creation
If construction of a pond is proposed, associated wetland and stream impacts should be
included above in the wetland and stream impact sections. Also, the proposed pond should
be described here and illustrated on any maps included with this application.
Pond to be created in (check all that apply): ^ uplands ^ stream ^ wetlands
Describe the method of construction (e.g., dam/embankment, excavation, installation of
draw-down valve or spillway, etc.):
Proposed use or purpose of pond (e.g., livestock watering, irrigation, aesthetic, trout pond,
local stormwater requirement, etc.):
Current land use in the vicinity of the pond:
Size of watershed draining to pond: Expected pond surface area:
VII. Impact Justification (Avoidance and Minimization)
Specifically describe measures taken to avoid the proposed impacts. It may be useful to provide
information related to site constraints such as topography, building ordinances, accessibility, and
fmancial 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
Updated 11/1/2005
Page 5 of 9

were minimized once the desired site plan was developed. If applicable, discuss construction
techniques to be followed during construction to reduce impacts.
Efforts have been performed to minimise impacts. The isolated wetland impact is
required to utilize surrounding adiacent lands. As a result of after-the-fact impact assessment,
the isolated features impact was located with professional judgment as to the extent of its reach.
VIII. Mitigation
DWQ - In accordance with 15A NCAC 2H .0500, mitigation may be required by the NC
Division of Water Quality for projects involving greater than or equal to one acre of impacts to
freshwater wetlands or greater than or equal to 150 linear feet of total impacts to perennial
streams.
USACE - In accordance with the Final Notice of Issuance and Modification of Nationwide
Permits, published in the Federal Register on January 15, 2002, mitigation will be required when
necessary to ensure that adverse effects to the aquatic environment are minimal. Factors
including size and type of proposed impact and function and relative value of the impacted
aquatic resource will be considered in determining acceptability of appropriate and practicable
mitigation as proposed. Examples of mitigation that may be appropriate and practicable include,
but are not limited to: reducing the size of the project; establishing and maintaining wetland
aiidior iipiaiid vegetated b'~:ffers to protect Cpen vE'a±ers such as Streams; and replacing lncSec of
aquatic resource functions and values by creating, restoring, enhancing, or preserving similar
functions and values, preferable in the same watershed.
If mitigation is required for this project, a copy of the mitigation plan must be attached in order
for USACE or DWQ to consider the application complete for processing. Any application
lacking a required mitigation plan or NCEEP concurrence shall be placed on hold as incomplete.
An applicant may also choose to review the current guidelines for stream restoration in DWQ's
Draft Technical Guide for Stream Work in North Carolina (see DWQ website for most current
version.).
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.
There have been restoration efforts for this project including the past restoration area
north of Hillandale Road. Also Lot #1 of Section 5 has been restored to a more natural
Qrade Silt fences have been installed throw out the project more particular to adiacent
wetland areas to prevent soil erosion. Silt has been removed from downstream impacts to
practicable extent The owner~permitee is required under special conditions of the NWP 14
Updated 11/1/2005
Page 6 of 9

issued AuQUSt 9~' 2007 to make payment to the North Carolina Ecosystem Enhancement
Progr~NC EEC in order to compensate for impacts to 0.123 acres of wetlands.
2. Mitigation may also be made by payment into the North Cazolina Ecosystem Enhancement
Program (NCEEP). Please note it is the applicant's responsibility to contact the NCEEP at
[phone] to determine availability, and written approval from the NCEEP indicating
that they are willing 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 htt~//www.nce~.net/pales/inlieureplaee.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 (lineaz feet): 0
Amount of buffer mitigation requested (square feet): 0
Amount of Riparian wetland mitigation requested (acres): 0
Amount ofNon-riparian wetland mitigation requested (acres): 0.123
Amount of Coastal wetland mitigation requested (acres): 0
IX. Environmental Documentation (required by DWQ)
1. Does the project involve an expenditure of public (federaUstate/local) funds or the use of
pubiic (federal/state) iaiid? Yes ^ No ,~
2. If yes, does the project require preparation of an environmental document pursuant to the
requirements of the National or North Cazolina Environmental Policy Act (NEPA/SEPA)?
Note: If you aze not sure whether a NEPA/SEPA document is required, call the SEPA
coordinator at [phone] to review current thresholds for environmental documentation.
Yes ^ No
3. If yes, has the document review been fmalized 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 cleazly 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
(Meuse), 15A NCAC 2B .0259 (Tar-Pamlico), 15A NCAC 02B .0243 (Catawba) 15A NCAC
Updated 11/1/2005
Page 7 of 9

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* ,,, ImpaFt^+, I Multiplier I Required
2
Total
* Zone 1 extends out 30 feet perpendicular
additiona120 feet from the edge of Zone 1.
3 (2 for Catawba)
1.5
the top of the near bank of channel; Zone 2 extends an
3. If buffer mitigation is required, please discuss what type of mitigation is proposed (i.e.,
Donation of Property, Riparian Buffer Restoration /Enhancement, or Payment into the
Riparian Buffer Restoration Fund). Please attach all appropriate information as identified
within 15A NCAC 2B .0242 or .0244, or .0260.
XI. Stormwater (required by DWQ)
Describe impervious acreage (existing and proposed) versus total acreage on the site. Discuss
Stormwater controls proposed in order to protect surface waters and wetlands downstream from
the property. If percent impervious surface exceeds 20%, please provide calculations
demonstrating total proposed impervious level. Overhills Creek, Section 6 imperviousness area is
26 7% Overhills Creek Section 7 imperviousness area is 23.3%. Enoch Engineers submitted an
additional information letter November 20~' 2007 addressing imperviousness area.
XII. Sewage Disposal (required by DWQ)
Clearly detail the ultimate treatment methods and disposition (non-discharge or dischazge) of
wastewater generated from the proposed project, or available capacity of the subject facility.
The treatment of wastewater generated from the project will be offsite and initially
disposed of by sanitary sewer systems onsite
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 anafter-the-fact permit application? Yes ® No ^
Updated 11/1/2005
Page 8 of 9

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:
Enoch Engineers is not aware of additional development plans at this time.
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).

~ Applicant/Agent's Signature Date
(Agent's signature is valid only if an authorization letter from the applicant is provided.)
Updated 11/1/2005
Page 9 of 9

Agent Authorization Form
S:\GIS\Projects\Overhills Creek\Revised DWQ Project Sumrnary.doc

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USACE-Nationwide Permit 14
S:\GIS\Projects\Qverhills Creek\Revised DWQ Project Summary.doc

U.S. ARTVIY CORPS OF ENGINEERS
WII.,MII~TGTON DISTRICT
Action ID. 2005-454 County: Harnett USGS Quad: Manchester
GENERAL PERMIT (REGIONAL AND NATIONWIDE) VERIFICATION
Property Owner /Authorized Agent: Mr. William WeIlons
BBC Enterarises
Address: PO Boz 727
Suring Lake, NC 28390
Telephone No.: 919-436-3131
Size and location of property (water body, road name/number, town, etc.): The uroiect area is auuroximately 43 acres
in size and is located inst south of the e~sting Overhills Creek residential subdivision, off of Overhills Road
between Marvin Drive and Old English Lane, north of Spring Lake, Cumberland County, North Carolina.
Description of projects area and activity: This permit authorizes impacts to 0.123 acres of wetlands for the
construction of roads to service the uroposed Overhills Creek Subdivision-Section 7, Partl.
Applicable Law: ® Section 404 (Clean Water Act, 33 USC 1344)
^ Section 10 (Rivers and Harbors Act, 33 USC 403)
Authorization: Regional General Permit Number:
Nationwide Permit Number: After-the-fact NWP 14 -
SEE ATTACHED GENERAL. REGIONAL AND SPECIAL CONDITIONS.
Your work is authorized by the above referenced permit provided it is accomplished in strict accordance with the attached
conditions and your submitted plans. Any violation of the attached conditions or deviation from your submitted plans may
subject the permittee to a stop work order, a restoration order and/or appropriate legal action.
This verification will remain valid until the expiration date identified below unless the nationwide authorization is modified,
suspended or revoked. ~ prior to the expiration date identified below, the nationwide permit authorization is reissued and/or
modified, this verification will remain valid until the expiration date identified below, provided it complies with all requirements of
the modified nationwide permit. If the nationwide permit authorization expires or is suspended, revoked, or is modified, such that the
activity would no longer comply with the terms and conditions of the nationwide permit, activities which have commenced (i.e., are
under construction) or aze under contract to commence in reliance upon the nationwide permit, will remain authorized provided the
activity is completed within twelve months of the date of the nationwide permit's expiration, modification or revocation, unless
discretionary authority has been exercised on a case-by-case basis to modify, suspend or revoke the authorization.
Activities subject to Section 404 (as indicated above) may also require an individual Section 401 Water Quality Certification. You
should contact the NC Division of Water Quality (telephone [phone] to determine Section 401 requirements.
For activities occurring within the twenty coastal counties subject to regulation under the Coastal Area Management Act (CAMA),
prior to beginning work you must contact the N.C. Division of Coastal Management .
This Department of the Army verification does not relieve the permittee of the responsibility to obtain any other required Federal,
State or local approvals/permits.
If there are any questions regarding this verification, any of the conditions of the Permit, or the Corps of Engineers regulatory
program, please contact Ronnie Smith at 910-251-4829.
0
Corps Regulatory Official Ronnie Smith Date: Angnst 9, 2007
Expiration Date of Verification: August 9, 2009
The Wilmington District is committed to providing the highest level of support to the public. To help us ensure we continue to do so,
please complete the attached customer Satisfaction Survey or visit http:/Iwww.saw.usace.army.niil/WETLANDS/index.html to
complete the survey online.
Page 1 of 2

Determination of Jurisdiction:
^ Based on preliminary information, there appear to be waters of the US including wetlands within the above descnbed project area.
This preliminary determination is not an appealable action under the Regulatory Program Administrative Appeal Process
(Reference 33 CFR Part 331).
^ 'There are Navigable Waters of the United States within the above described project area subject to the permit requirements of
Section 10 of the Rivers and Hazbors Act and Section 404 of the Clean Water Act. Unless there is a change 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.
® There aze waters of the US and/or wetlands within the above described proj ect azea subject to the permit requirements of Section
404 of the Clean Water Act (CWA)(33 USC § 1344). 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 from the date of this notification.
^ The jurisdictional azeas within the above described project area have been identified under a previous action. Please reference
jurisdictional determinations issued. Action ID
Basis of Jurisdictional Determination: This site ezhibits wetland criteria as described in the 1987 Corps Wetland Delineation
Manual and is adiacent to an unnamed tributary of Lake Holton, a tributary of the Little River, a tributary of the Cape Fear
River, which is a navigable water of the US.
There are two isolated wetlands on the property that are not that are not subiect to regulation under section 404 of the Clean
Water Act. However isolated wetlands are subiect to regulation by the state of North Carolina. Prior to starting work, you
should contact Mr Chad Turlinaton with the North Carolina Division of Water Quality. The address is as follows: NCDENR
Nr~w~_ 'f'fC ~rapn ~trPet Cnite 714 Favetteville~LC 211.
Corps Regulatory Official:
Date August 9, 2007
SURVEY PLATS, FIELD SKETCH, WETLAND DELINEATION FORMS, PROJECT PLANS, ETC., MUST BE
ATTACHED TO THE FILE COPY OF THIS FORM, IF REQUIRED OR AVAILABLE.
Enclosures:
Delineation of Lot 1, Section 4, Part 4 of Overhills Creek
General Restoration Plan
Proj ect plans with wetland delineation
Copies Furnished:
Mr. Jason Godwin
Enoch Engineers, PA
1403 NC Highway 50 South
Benson, NC 27504
Ms. Belinda Henson
NCDENR-DWQ
Systel Building
225 Green Street, Suite 714
Fayetteville, NC 28301
Page 2 of 2

Overhills Creek Subdivision, Section 7, Part 1
BBC Enterprises
Harnett County
AID# 2006-454
Special Conditions:
1. In order to compensate for impacts to .123 acres of wetlands, the permittee shall make payment to the North
Carolina Ecosystem Enhancement Program (NC EEP) in the amount determined by the NC EEP, sufficient
to perform the restoration of 0.246 acres of non-riparian wetland in the Upper Cape Fear River Basin,
Cataloging Unit 03030004.
The permitttee must make full payment to the NC EEP and provide a copy of the payment documentation to the
Corps by September 10, 2007. The NC EEP has provided written conffrmation to the Corps that it agrees to accept
responsibility for the mitigation work required, in compliance with the MOU between the North Carolina Department
of Environment and Natural Resources and the United States Army Corps of Engineers, Wilmington District, dated
November 4,1998.
2. All unauthorized activities located within Overhills Creek subdivision must be resolved by October 15, 2007. The
unauthorized activities must be resolved as follows:
• Restoration of 0.076 acres of wetlands located at lot i, Section 4, Part 4 of Overhilis Creek Subdivision. Aii of the fdi
and the draining mechanism (French drain) must be removed from the wetland (delineation attached) in a fashion to
restore the wetland to its natural, pre-construction grade. Upon removal of the fill, the wetlands must be seeded with a
wetland seed mia (stabilization miz) at a rate of 15 lbs per acre.
• Restoration of 0.031 acres of wetlands located along a utility line located just north of lot 505 and west of Caldwell
Street. The wetlands within this utility line corridor must be returned to natural, pre-construction grade. Impacts to
wetlands associated with the utility line did not require notification to our office. However, the activity must comply
with NWP 12 conditions.
• Restoration of appro~mately 0.02 acres of wetlands located south of the cul-de-sac of Yancey Court. The sediment
basin must be removed in its entirety and the wetland must be restored to its natural, pre-construction grade. The
wetlands must be seeded with a wetland seed miz (stabilization mig) at a rate of 151bs per acre.
• The sediment basin/check dam located at the outflow of the culvert, under Pender Road at impact number 1 must be
removed or reduced so that it acts as an energy dissipation device rather than a sediment trap.
These remedial actions compliment the General Restoration Plan that was submitted on August 8, 2007. The wetland
restoration must be completed in accordance with the above directive and the "General Restoration Plan" (attached)
by October 15, 2007.
Corp Regulatory Official Ronnie Smith ~ ~3ate: Au~ast 9.2007

NCEEP Payment Acceptance Letter
S:\GIS\Projects\Overhills Creek\Revised DWQ Project Summary.doc

r~
~a~ent
September 5, 2007
Billy Wellons, Jr.
PO Box 766
Spring Lake, NC 28390
Project: Overhills Creek SD Section 7
County: SARNETT
The purpose of this letter is to notify you that the North Carolina Hcosystem Enhancement Program tNCEEP) is willing to
accept payment for impacts associated with the above referenced project. Please note that this decision does not assare that
the payment will" be approved by the permit issuing agencies as nritigatioa for project impacts. It is the responsibility of the
applicant to contact these agencies w determine if payment to the NCEEP will be approved.
This acceptance is valid for six months from the date of this letter and is not transferable. if we Gave not received a copy of
applicant's responsibility to send copies of the permits to NCEEP. Once NCE13P rccaives a copy of the permit(s) an invoice
will be issued based on the r+equit+ed mitigation in that permit and payment must be made prior to c;oaducting the authorizcd
work. The amount of the In Lieu Fee to be paid to NCEEP by an applicant is calculated based upon the Fee Schedule and
policies listed at www.nceep.net.
Based on the information supplied by you the impacts that may require compensatory mitigation are summarized in the
following table.
CAPE FEAR
03030004 Stream (feet} Wetlands (acres) Buffer I
(Sq. Ft.) Buffer II
(Sq. FtJ
Cold Cool Warm R" Non-Ri Coastal Marsh
Impacts 0 0 0 0 0.268 0 0 0
Credits 0 0 0 0 OS36 0 0 0
Upon receipt of payment, BBP will take reesponsibility for providing the compensatory mitigation. If the regulatory agencies
require mitigation credits greater than indicated above, and the applicant wants NCBEP to be responsible for the additional
mitigation, the applicant will need to submit a mitigation request to NC~EEP for approval prior to permit issuance. The
mitigation will be performed in accordance with the Memorandum of Understanding between the N. C. Department of
Environment and Nawral Resources and the U. S. Arrny Corps of Engineers dated November 4,1998.
If you have any questions or need additional information, please contact Kelly Williams at (919} 7I6-1921.
Sincerely,
c ~~~a,~,~, 6.
William D. Gilmore, PB
Director
cc: Cyndi Karoly, NCDWQ Wetlands/401 Unit
Ronnie Smith. USAC~Wilmington
Chad Turlington, NCDWQ-Fayettcvil[e
Jason Godwin, agent
File
~~ e ... , ... ~~~ a VH/1 ~GIA.GC/

North Carolina Ecosystem Enhancement F°rognrm, i 652 Niaii S®tvice Center, Raieiglt, NC 27633-5 F52 ~' 0i S-7t 5-4i4?6 i vrwnns.noeels.nat

Figures
S:\GIS\Projects\Overhills Creek\Revised DWQ Project Summazy.doc

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urce: -Tract boon considered onl a mximate
Scale: 1" = 2 miles n ®Ci ~ VICIIVITI' MAP FIGURE
Drawn By: JEG p Clverhills Creek Subdivision
Reviewed By: IIglIIeieilaSs+ ~• Spring Lake, North Carolina
Date: August -'07 C®nsutt~ng Eugiueers a& Surveyors Enoch Engineers Project No. 2G94

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Date: August - '07 Consulting Engineers & Surveyors Enoch Engineers Project No. 2694

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Reviewed By: p
n ~l~,lle~sya •~• Spring lake, North Carolina
Date: August -'07 ~~f~~a~~tEa~g ~~g~~,~~~-~ ~ ~,~~,~y~~~5 Enoch Engineers Project No. 2694

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(?verhills Creek, Section 5 ~ t~
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USACE Action ID#: 200500454043
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* +~r 0-031 acres _ ~ - `a "~" Isolated Wetland "
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:~ ! A r `~ ~~' ~'` 0-020 acres ~`' I
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g' p~ i` i ~ Property Arq
- Property boundary considered approximate t ~~~0 250 500 1,000
-Jurisdictional Determination ~ ~ ~ Wetland Boundary
-USACE Action ID# 2oos45a ~" Feer~ ° ""'
Scale: 1" = 500' IIO Ch IMPACT LOCATION MAP FIGURE
Drawn By: ]EG p Clverhills Creek Subdivision
Reviewed By: JEG ng~neers,+~• Spring Lake, North Carolina
Date: December - 2007 Consulting Engineers & Surveyors Enoch Engineers Project No- 2694

Site Plans
S:\GIS\Projects\Overhills Creek\Revised DWQ Project Summazy.doc