20071944 Ver 2_More Info Received_20080317

SINCE
FROEHLING & ROBERTSON, INC.
Q GEOTECHNICAL . ENVIRONMENTAL . MATERIALS
ENGINEERS . LABORATORIES
"OVER ONE HUNDRED YEARS OF SERVICE"
O
1 a a 1 310 Hubert Street
Raleigh, North Carolina 27603
Telephone: [phone]
Fax: [phone]
To: NC Division of Water Quality (NC-DWQ)
1628 Mgail Service Center
Raleigh, NC 27699-1628
Attn: Ms. Amy Chapman
We are sending you
The following items:
? Engineering Reports
?Test Reports
MAIN OFFICE AND LABORATORIES
3015 DUMBARTON ROAD
RICHMOND, VIRGINIA 23228
PHONE: [phone]
FAX: [phone]
Date: March 12, 2008
F&R No.: J66-5095E
Reference: Spivey & Sturdivant
?? Attached ? Under separate cover via
? Prints ? Copy of Letter ? Plans
? Samples ? Contract ?? Other: See Below
COPIES DATE NO. DESCRIPTION
5 March 12, 2008 PreConstruction Notification form Complete with attached:
5 Agent Authorization Letter
5 Figures (LISGS Topo Soil Survey, Aerial, Vicinity)
5 Nov. 5, 2007 11"x17" Copy of Site Plans
1 CD-ROM

Remarks:
Distribution:
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MAR ? 7 L008i -
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ucc I ? NlvU;y ,4ND ST;)gPJi??l;'?i ?'ii 6'2f1?(;h
Digitally signed by Tom Colson
DN: cn=Tom Colson, c=US,
o=Froehling and Robertson, Inc.,
ou=66E, email=TColson@FandR.
com
Date: 2007.11.15 13:06:09 -05'00'
Signed
Form No. 1027
V4 ATF9°?
r

Michael F. Easley, Governor
William G. Ross Jr., Secretary
North Carolina Department of Environment and Natural Resources
December 17, 2007
Coleen H. Sullins, Director
Division of Water Quality
DWQ Project # 07-1944
Lee County
Mr. Mike Labounty
Spivey & Sturdivant Properties
130 A Wicker Street
Sanford, NC 27330
Subject Property: Spivey & Sturdivant Single Family Residence
Ut to Pocket Creek [030611, 17-37-(0.3), C]
Approval of 401 Water Quality Certification with Additional Conditions
Dear Mr. Labounty:
W7rLm
.1 F..f ,f I k
M" P' ? 2008
UrNR. vArnc?i?AUty
IAETLANDs,a1vG STORMWATER BRANCH
You have our approval, in accordance with the attached conditions and those listed below, to
place fill within or otherwise impact 0.08 acres of 404/wetland and 36 linear feet of perennial
stream to construct the proposed residential development as described in your application dated
November 15, 2007, and received by the Division of Water Quality (DWQ) on November 16,
2007, with additional information received from you on November 28, 2007. After reviewing
your application, we have decided that the impacts are covered by General Water Quality
Certification Numbers 3705 (GC3705). The Certification allows you to use Nationwide Permits
NW29 when issued by the US Army Corps of Engineers (USACE). In addition, you should
obtain or otherwise comply with any other required federal, state or local permits before you go
ahead with your project including (but not limited to) Erosion and Sediment Control, and Non-
discharge regulations. Also, this approval to proceed with your proposed impacts or to
conduct impacts to waters as depicted in your application shall expire upon expiration of
the 404 Permit.
This approval is for the purpose and design that you described in your application. If you change
your project, you must notify us and you may be required to send us 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 fills for this project (now or in
the future) exceed one acre of wetland or 150 linear feet of stream, compensatory mitigation may
be required as described in 15A NCAC 2H .0506 (h). This approval requires you to follow the
conditions listed in the attached certification and any additional conditions listed below.
The Additional Conditions of the Certification are:
1. Impacts Approved
401 Oversight/Express Review Permitting Unit
1650 Mail Service Center, Raleigh, North Carolina 27699-1650
2321 Crabtree Boulevard, Suite 250, Raleigh, North Carolina 27604
Phone: [phone] / FAX [phone] / Internet: httn.//h2o.enr.statc.nc.us/ncwetlands
Npi Carolina
tirrMAY
An Equal Opportunity/Affirmative Action Employer- 50% Recycled/l0% Post Consumer Paper
Spivey & Sturdivant Properties
Page 2 of 5
December 17, 2007
The following impacts are hereby approved as long as all of the other specific and
general conditions of this Certification (or Isolated Wetland Permit) are met. No other
impacts are approved including incidental impacts:
Type of Impact Amount Approved (Units) Plan Location or
Reference
404/Wetland 0.08 (acres) PCN page 4 of 9
Stream - perennial 36 Linear Feet) PCN age 5 of 9
2. No Impacts Beyond those in Application
No waste, spoil, solids, or fill of any kind shall occur in wetlands, waters, or riparian areas
beyond the footprint of the impacts depicted in the Pre-construction Notification. All
construction activities, including the design, installation, operation, and maintenance of
sediment and erosion control Best Management Practices, shall be performed so that no
violations of state water quality standards, statutes, or rules occur.
3. Water Quality Certification(s)
The proposed project must comply with all of the conditions of General Water Quality
Certification(s) (GC) 3631 and General Water Quality Certification(s) (GC) 3625.
4. Construction Stormwater Permit NCGO10000
Upon the approval of an Erosion and Sedimentation Control Plan issued by the Division of
Land Resources (DLR) or a DLR delegated local erosion and sedimentation control
program, an NPDES General stormwater permit (NCGO10000) administered by DWQ is
automatically issued to the project. This General Permit allows stormwater to be
discharged during land disturbing construction activities as stipulated by conditions in the
permit. If your project is covered by this permit [applicable to construction projects that
disturb one (1) or more acres], full compliance with permit conditions including the
sedimentation control plan, self-monitoring, record keeping and reporting requirements are
required. A copy of this permit and monitoring report forms may be found at
http://h2o.enr.state.nc.us/su/Fonns_Documents.htm.
5. Erosion and sediment control practices must be in full compliance with all specifications
governing the proper design, installation and operation and maintenance of such Best
Management Practices in order to protect surface waters standards:
a. The erosion and sediment control measures for the project must be designed,
installed, operated, and maintained in accordance with the most recent version of the
North Carolina Sediment and Erosion Control Planning and Design Manual.
b. The design, installation, operation, and maintenance of the sediment and erosion
control measures must be such that they equal, or exceed, the requirements specified
in the most recent version of the North Carolina Sediment and Erosion Control
Manual. The devices shall be maintained on all construction sites, borrow sites, and
Spivey & Sturdivant Properties
Page 3 of 5
December 17, 2007
waste pile (spoil) projects, including contractor-owned or leased borrow pits
associated with the project.
c. Sufficient materials required for stabilization and/or repair of erosion control
measures and stormwater routing and treatment shall be on site at all times.
No Sediment and Erosion Control Measures in Wetlands
Sediment and erosion control measures shall not be placed in wetlands or waters to the
maximum extent practicable. If placement of sediment and erosion control devices in
wetlands and waters is unavoidable, they shall be removed and the natural grade restored
within six months of the date that the Division of Land Resources or locally delegated
program has released the project.
7. Culvert Installation
All work in or adjacent to stream waters shall be conducted in a dry work area. Approved
BMP measures from the most current version of NCDOT Construction and Maintenance
Activities manual
(http://www.ncdot.orv,/doh/operations/BMP manual/download/BMP Manual.pdf)
such as sandbags, rock berms, cofferdams and other diversion structures shall be used to
prevent excavation in flowing water.
Culverts required for this project shall be installed in such a manner that the original
stream profiles are not altered. Existing stream dimensions (including the cross section
dimensions, pattern, and longitudinal profile) must be maintained above and below
locations of each culvert. Culverts shall be designed and installed to allow for aquatic
life movement as well as to prevent head cutting of the streams. If any of the existing
pipes are or become perched, the appropriate stream grade shall be re-established or, if
the pipes installed in a perched manner, the pipes shall be removed and re-installed
correctly.
Culvert(s) shall not be installed in such a manner that will cause aggradation or erosion of
the stream up or down stream of the culvert(s). Existing stream dimensions (including the
cross section dimensions, pattern and longitudinal profile) shall be maintained above and
below locations of each culvert. Therefore, you must provide plans with adequate details
that indicate that the current stability of the stream will be maintained or enhanced. You
must receive written approval from this Office for the above plans before the culvert(s) is
installed. Culvert(s) must be installed according to approved plans.
Placement of culverts and other structures in waters, streams, and wetlands must be
placed below the elevation of the streambed by one foot for all culverts with a diameter
greater than 48 inches, and 20 percent of the culvert diameter for culverts having a
diameter less than 48 inches, to allow low flow passage of water and aquatic life. Design
and placement of culverts and other structures including temporary erosion control
measures shall not be conducted in a manner that may result in dis-equilibrium of
wetlands or streambeds or banks, adjacent to or upstream and down stream of the above
Spivey & Sturdivant Properties
Page 4 of 5
December 17, 2007
structures. The applicant is required to provide evidence that the equilibrium shall be
maintained if requested in writing by DWQ.
The establishment of native, woody vegetation and other soft stream bank stabilization
techniques must be used where practicable instead of rip rap or other bank hardening
methods. If rip-rap is necessary, it shall not be placed in the stream bed, unless
specifically approved by the Division of Water Quality.
Installation of culverts in wetlands must ensure continuity of water movement and be
designed to adequately accommodate high water or flood conditions.
Upon completion of the project, the Applicant shall complete and return the enclosed
"Certificate of Completion" form to notify NCDWQ when all work included in the §401
Certification has been completed. The responsible party shall complete the attached form
and return it to the 401/Wetlands Unit of the NC Division of Water Quality upon
completion of the project. Please send photographs upstream and downstream of each
culvert site to document correct installation along with the Certificate of Completion
form.
8. Protective Fencing
The outside buffer, wetland or water boundary and along the construction corridor within
these boundaries approved under this authorization shall be clearly marked with orange
warning fencing (or similar high visibility material) for the areas that have been approved
to infringe within the buffer, wetland or water prior to any land disturbing activities;
9. Deed Notifications
Deed notifications or similar mechanisms shall be placed on all retained jurisdictional
wetlands, waters and protective buffers in order to assure compliance for future wetland,
water and buffer impact. These mechanisms shall be put in place at the time of recording
of the property, or of individual lots, whichever is appropriate. A sample deed
notification can be downloaded from the 401/Wetlands Unit web site at
http://h2o.enr.state.nc.us/ncwetlands. The text of the sample deed notification may be
modified as appropriate to suit to this project.
10. Certificate of Completion
Upon completion of all work approved within the 401 Water Quality Certification or
applicable Buffer Rules, and any subsequent modifications, the applicant is required to
return the attached certificate of completion to the 401 Oversight/Express Review
Permitting Unit, North Carolina Division of Water Quality, 1650 Mail Service Center,
Raleigh, NC, 27699-1650.
Violations of any condition herein set forth may result in revocation of this Certification and may
result in criminal and/or civil penalties. The authorization to proceed with your proposed
Spivey & Sturdivant Properties
Page 5 of 5
December 17, 2007
impacts or to conduct impacts to waters as depicted in your application and as authorized by this
Certification, shall expire upon expiration of the 404 or CAMA Permit.
If you do not accept any of the conditions of this Certification (associated with the approved
wetland or stream impacts), you may ask for an adjudicatory hearing. You must act within 60
days of the date that you receive this letter. To ask for a hearing, send a written petition, which
conforms to Chapter 150B of the North Carolina General Statutes to the Office of Administrative
Hearings, 6714 Mail Service Center, Raleigh, N.C. 27699-6714. This certification and its
conditions are final and binding unless you ask for a hearing.
Any disputes over determinations regarding this Authorization Certificate (associated with the
approved buffer impacts) shall be referred in writing to the Director for a decision. The
Director's decision is subject to review as provided in Articles 3 and 4 of G.S. 150B.
This letter completes the review of the Division of Water Quality under Section 401 of the Clean
Water Act. If you have any questions, please telephone Cyndi Karoly or Ian McMillan at 919-
733-1786.
Sincerely,
qr"4., /-?
Coleen H. Sullins
Division of Water Quality
CHS/gym
Enclosures: GC3705
Certificate of Completion
cc: USACE Raleigh Regulatory Field Office
Lauren Witherspoon, DWQ Raleigh Regional Office
DLR Raleigh Regional Office
File Copy
Central Files
Thomas Colson, F&R, 310 Hubert Street, Raleigh, NC 27603
Filename: 071944SpiveySturdivantS ingleFamilyResidence(Lee)401
Certification of Completion
DWQ Project No.: County:
Applicant:
Project Name:
Date of Issuance of Certification or Authorization:
Certificate of ComWetion
Upon completion of all work approved within the 401 Water Quality Certification and Buffer Rules, and any
subsequent modifications, the applicant is required to return this certificate to the 401 Oversight/Express Permitting Unit,
North Carolina Division of Water Quality, 1650 Mail Service Center, Raleigh, NC, 27699-1650. This form may be
returned to DWQ by the applicant, the applicant's authorized agent, or the project engineer. It is not necessary. to send
certificates from all of these.
Applicant's Certification
I, , hereby state that, to the best of my abilities, due care and diligence was
used in the observation of the construction such that the construction was observed to be built within substantial
compliance and intent of the 401 Water Quality Certification and Buffer Rules, the approved plans and specifications,
and other supporting materials.
Signature: Date:
Agent's Certification
1, hereby state that, to the best of my abilities, due care and diligence was
used in the observation of the construction such that the construction was observed to be built within substantial
compliance and intent of the 401 Water Quality Certification and Buffer Rules, the approved plans and specifications,
and other supporting materials.
Signature:
Date:
If this project was designed by a Certified Professional
I, as a duly registered Professional (i.e., Engineer,
Landscape Architect, Surveyor, etc.) in the State of North Carolina, having been authorized to observe (periodically,
weekly, full time) the construction of the project, for the Permittee hereby state that, to the best of my abilities, due care
and diligence was used in the observation of the construction such that the construction was observed to be built wi&m
substantial compliance and intent of the 401 Water Quality Certification and Buffer Rules, the approved plans and
specifications, and other supporting materials.
Signature: Registration No. Date
US Army Corps PUBLIC NOTICE
Of Engineers
Wilmington District
Issue Date: February 26, 2008
Comment Deadline: March 26, 2008
Corps Action ID #: SAW-200800041
The Wilmington District, Corps of Engineers (Corps) has received an application from
Spivey and Sturdivant Properties seeking Department of the Army authorization for
permanent impacts to 0.08-acre of jurisdictional forested wetlands, and 36 linear feet of
perennial stream channel exhibiting important aquatic functions. The impacts listed
above are associated with the development of a residential lot within the Quail Ridge
Development near Sanford, Lee County, North Carolina. Cumulative aquatic impacts for
Quail Ridge have exceeded the threshold for Nationwide Permits.
Specific plans and location information are described below and shown on the attached
plans. This Public Notice and all attached plans are also available on the Wilmington
District Web Site at www.saw.usace.annv.mil/wetlands
Applicant: Spivey and Sturdivant Properties
Attn: Mr. Craig Sturdivant
130 A Wicker Street
Sanford, North Carolina 27330
AGENT: Froehling and Robertson, Inc.
Attn: Mr. Thomas Colson
310 Hubert Street
Raleigh, NC 27603
Authority
The Corps will evaluate this application and a decide whether to issue, conditionally
issue, or deny the proposed work pursuant to applicable procedures of Section 404 of the
Clean Water Act
Location
The location for the proposed project is an undeveloped lot on Blue Jay Drive within the
existing Quail Ridge development, near Sanford, Lee County, North Carolina.
Coordinates, in decimal degrees are 35.395566-N, 79.235239-W. The project site
Essential Fish Habitat
This notice initiates the Essential Fish Habitat (EFH) consultation requirements of the
Magnuson-Stevens Fishery Conservation and Management Act. The Corps' initial
determination is that the proposed project will not adversely impact EFH or associated
fisheries managed by the South Atlantic or Mid Atlantic Fishery Management Councils
or the National Marine Fisheries Service.
Cultural Resources
The Corps has consulted the latest published version of the National Register of Historic
Places and is not aware that any registered properties, or properties listed as being
eligible for inclusion therein are located within the project area or will be affected by the
proposed work. Presently, unknown archeological, scientific, prehistoric, or historical
data may be located within the project area and/or could be affected by the proposed
work.
Endangered Species
The Corps has reviewed the project area, examined all information provided by the
applicant and consulted the latest North Carolina Natural Heritage Database. Based on
available information, the Corps has determined pursuant to the Endangered Species Act
of 1973, that the proposed project will have no effect on federally listed endangered or
threatened species or their formally designated critical habitat.
Evaluation
The decision whether to issue a permit will be based on an evaluation of the probable
impacts, including cumulative impacts, of the proposed activity on the public interest.
That decision will reflect the national concern for both protection and utilization of
important resources. The benefit which reasonably may be expected to accrue from the
proposal must be balanced against its reasonably foreseeable detriments. All factors
which may be relevant to the proposal will be considered including the cumulative effects
thereof; among those are conservation, economics, aesthetics, general environmental
concerns, wetlands, historic properties, fish and wildlife values, flood hazards, flood plain
values (in accordance with Executive Order 11988), land use, navigation, shoreline
erosion and accretion, recreation, water supply and conservation, water quality, energy
needs, safety, food and fiber production, mineral needs, considerations of property
ownership, and, in general, the needs and welfare of the people. For activities involving
the discharge of dredged or fill materials in waters of the United States, the evaluation of
the impact of the activity on the public interest will include application of the
Environmental Protection Agency's 404(b)(1) guidelines.
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Sheet NO. 11 of 1 " equals 800 NAD 1983 StatePlane North Carolina RIPS 3900 (Feet)
Project Name: Spivey & Sturdivant 1 SFR cn.nu cr.l sturd)vant
P'..ct: Splv.y and Slurdl...I Prop-1-
Date: Jan 21 2008 Location L.. coun
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• DEPARTMENT OF THE ARMY
WILMINGTON DISTRICT, CORPS OF ENGINEERS
P.O. BOX 1890
WILMINGTON, NORTH CAROLINA 28402-1890
IN REPLY REFER TQ February 13, 2008
Regulatory Division
Action ID. SAW-200800041
Spivey and Sturdivant Properties
Mr. Craig Sturdivant
130 A Wicker Street
Sanford, NC 27330
Dear Mr. Sturdivant:
We have received your application for a Department of the Army (DA) authorization for
impacts associated with the project identified as 0 Blue Jay Drive. The file number assigned to
your application is SAW-200800041. Pursuant to the requirements of 33 CFR 325.2, the Corps
will, within 15 days, either determine the application to be complete and issue a Public. Notice, or
determine the application to be incomplete and notify you of the information necessary to
complete the application. You should contact Mr. Monte Matthews at 919-554-4884 extension. .
30 if you have any questions regarding this process.
Sincerely,

Jean B. Manuele
Chief, Raleigh Regulatory
Field Office
cc:
Froehling & Robertson, Inc.
Attn: Thomas Colson
310 Hubert Street
Raleigh, NC 27603
? \NAT?
ipQG
O?O Michael F. Easley, Governor
William G. Ross Jr., Secretary
r- North Carolina Department of Environment and Natural Resources

(? C Coleen H. Sullins, Director
Division of Water Quality
February 27, 2008
CERTIFIED MAIL: RETURN RECEIPT REQUESTED
Spivey and Sturdivant Properties
Attn: Craig Sturdivant
130 A Wicker Street
Sanford, North Carolina 27330
Subject Property: Spivey and Sturdivant Properties
Dear Mr. Sturdivant:
Lee County
DWQ Project: 07-1944 Ver 2
On February 26, 2008, the NC Division of Water Quality (DWQ) received a copy of the Corps of Engineers Public Notice
for this project. An Individual 404 Permit will be required for this project. Please note that the following must be received
prior to issuance of a 401 Water Quality Certification:
1. The 401 Certification cannot be processed until five (5) complete sets of the application and associated maps is received
at the DWQ Central Office in Raleigh along with the appropriate fee. .
2. Application fee: please note that the N.C. General Assembly approved an increase for application fees for all regulatory
programs administered by DWQ, effective July 1, 2007. The fee for applications is now $240 for projects impacting less
than an acre of wetland and less than 150 linear feet of streams (whether intermittent or perennial). For projects
impacting one or more acres of wetland or 150 linear feet of streams (whether intermittent or perennial), the fee is $570.
Until the information requested in this letter is provided, I will request (by copy of this letter) that the Corps of Engineers
place this project on hold. Also, this project will be placed on hold for our processing due to incomplete information (15A
NCAC 2H.0507(h)).
Thank you for your attention. If you have any questions, please contact Ian McMillan or me in our Central Office in
Raleigh at [phone].
CBK/ jd
Si rely,
Cyndi aroly, Supervisor
401 Oversight/Express Permitting Unit
cc: Corps of Engineers Raleigh Regulatory Field Office
Lauren Cobb, DWQ Raleigh Regional Office
Froehling and Robertson, Inc., Thomas Colson, 310 Hubert St., Raleigh, NC 27603
File Copy
Central File
071944 Vert Sp ivey_S turd ivantPropenies(Lee)_IP_Hol d_Sets_Fee
No thCarolina
Naturally
North Carolina Division of Water Quality 1617 Mail Service Center Raleigh, NC 27699-1617 Phone [phone] Customer Service
Internet: www.ncwaterguality.org Location: 512 N. Salisbury St. Raleigh, NC 27604 Fax [phone]
An Equal Opportunity/Affirmative Action Employer- 50% Recycled/10% Post Consumer Paper
SINCE
FROEHLING & ROBERTSON, INC.
ENGINEERING • ENVIRONMENTAL • GEOTECHNICAL
310 HUBERT STREET, RALEIGH, NC 276031 USA
pp T 919.828.3441 1 F 919.582.0304
1881
March 12, 2008
Amy Chapman
NC Division of Water Quality
401/Wetlands Unit
2321 Crabtree Blvd, Suite 250
Raleigh, NC 27604
Re: Preconstruction Notification
1 Undeveloped Lot
Lee County, North Carolina
F&R Project No. J66-5095E
Mrs. Chapman;
Enclosed is a Pre-construction Notification for development of a single family lot in Lee County,
North Carolina. Proposed impacts associated with the construction of a single family residence
include 0.08 acres of fill within a palustrine-forested wetland that we determined to be a
jurisdiction "water of the U.S.". In addition, in order to access the non-wetland portion of the
property, a single culvert of 42" in diameter and 36 feet long will have to be placed within a
single perennial stream. Both impacts are required for the construction of a driveway to serve the
property, and impacts have been avoided to the maximum extent practicable, including
minimizing the length of the driveway through sensitive aquatic habitat.
We are seeking written concurrence that the proposed activities are in compliance with the
provisions of NCDWQ Water Quality Certification # 3705.
Please contact the undersigned with any question concerning this project.
Thomas Colson, CFM, GISP, PhD
Water Resources and GIS Coordinator
i
Digitally signed by Tom Colson
DN: cn=Tom Colson, c=US,
o=Froehling and Robertson,
Inc., ou=66E,
email=[e-mail]
Date: 2007.11.15 12:55:29
-05,00,
HQ: 3015 DUMBARTON ROAD RICHMOND, VA 23228 USA T 804.264.2701 F 804.264.1202 www.FandR.com
VIRGINIA • NORTH CAROLINA • SOUTH CAROLINA • MARYLAND • DISTRICT OF COLUMBIA • EASTERN EUROPE
Office Use Only: Form Version March 05
USACE Action ID No. DWQ No.
(if any particular item is not applicable to this project, please enter 'Not Hppncame or 1V/A .)
1. 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: NWP # 29, WQC # 3705
3. If this notification is solely a courtesy copy because written approval for the 401 Certification
is not required, check here:
4. If payment into the North Carolina Ecosystem Enhancement Program (NCEEP) is proposed
for mitigation of impacts, attach the acceptance letter from NCEEP, complete section VIII,
and check here: ?
5. If your project is located in any of North Carolina's twenty coastal counties (listed on page
4), and the project is within a North Carolina Division of Coastal Management Area of
Environmental Concern (see the top of page 2 for further details), check here: ?
° 7C r
II. Applicant Information
Owner/Applicant Information
MAR 1 7 11008
Name: Spivey & Sturdivant Properties Mike Labounty ai Nr v???s rl k'Au i
Mailing Address: 130 A Wicker Street %E T, i.ANDS AND STORNMNATLk HRAa , c H
Sanford. NC 27330

Telephone Number: [phone] Fax Number: [phone]
E-mail Address: [e-mail]
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: Thomas Colson
Company Affiliation: Froehling & Robertson (F&R)
Mailing Address: 310 Hubert Street
Raleigh NC 27603

Telephone Number: [phone] Fax Number: [phone]
E-mail Address: [e-mail]
Page 1 of 9
III. Project Information
Attach a vicinity map clearly showing the location of the property with respect to local
landmarks such as towns, rivers, and roads. Also provide a detailed site plan showing property
boundaries and development plans in relation to surrounding properties. Both the vicinity map
and site plan must include a scale and north arrow. The specific footprints of all buildings,
impervious surfaces, or other facilities must be included. If possible, the maps and plans should
include the appropriate USGS Topographic Quad Map and NRCS Soil Survey with the property
boundaries outlined. Plan drawings, or other maps may be included at the applicant's discretion,
so long as the property is clearly defined. For administrative and distribution purposes, the
USACE requires information to be submitted on sheets no larger than 11 by 17-inch format;
however, DWQ may accept paperwork of any size. DWQ prefers full-size construction
drawings rather than a sequential sheet version of the full-size plans. If full-size plans are
reduced to a small scale such that the final version is illegible, the applicant will be informed that
the project has been placed on hold until decipherable maps are provided.
1. Name of project: Spivey & Sturdivant Single Family Residence
2. T.I.P. Project Number or State Project Number (NCDOT Only): N/
3. Property Identification Number (Tax PIN): Lee County 952999801700
4. Location
County: Lee Nearest Town:Sanford
Subdivision name (include phase/lot number): N/A
Directions to site (include road numbers/names, landmarks, etc.): The project property
shares boundaries with a single publicly maintained road (Blue Jay Drive). US Highway 1
(Jefferson Davis Highway) passes directly to the east of the project property, and egress to
the area is provided via Divot Drive
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): 35.395540 ON -79.235508 °W
6. Property size (acres): 0.474436
7. Name of nearest receiving body of water: Pocket Creek From source to mouth of Raccoon
Creek (Stream Index # 17-3740.3) C)
8. River Basin: Cape Fear - 030300
(Note - this must be one of North Carolina's seventeen designated major river basins. The
River Basin map is available at hqp://h2o.enr.state.nc.us/admin/maps/.)
9. Describe the existing conditions on the site and general land use in the vicinity of the project
at the time of this application: The entire project site is an undeveloped wooded lot. The lot
is bisected by a perennial stream with the area between the stream and only access road to
Page 2 of 9
the west classified as a wetland and the only developable portion of the lot on the east side
of the stream.
10. Describe the overall project in detail, including the type of equipment to be used: Spivey &
Sturdivant is proposing to construct a single family residence on the upland portion of the
site east of a perennial stream. A driveway is from Blue Jay Drive, through a
wetland and across a perennial stream. A front-end loader will be used to construct an
elevated driveway bed consisting of fill placed in a wetland leading to a 36' long 42" dia.
culverted stream crossing.
11. Explain the purpose of the proposed work: The purpose of the attendant features is to
provide access to the only developable portion of the subject property.
IV. Prior Project History
If jurisdictional determinations and/or permits have been requested and/or obtained for this
project (including all prior phases of the same subdivision) in the past, please explain. Include
the USACE Action ID Number, DWQ Project Number, application date, and date permits and
certifications were issued or withdrawn. Provide photocopies of previously issued permits,
certifications or other useful information. Describe previously approved wetland, stream and
buffer impacts, along with associated mitigation (where applicable). If this is a NCDOT project,
list and describe permits issued for prior segments of the same T.I.P. project, along with
construction schedules. F&R is not aware of other jurisdictional determinations and/or permits
that have been requested and/or obtained for this project in the past.
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.
F&R is not aware of other future project plans for this site.
VI. Proposed Impacts to Waters of the United States/Waters of the State
It is the applicant's (or agent's) responsibility to determine, delineate and map all impacts to
wetlands, open water, and stream channels associated with the project. Each impact must be
listed separately in the tables below (e.g., culvert installation should be listed separately from
riprap dissipater pads). Be sure to indicate if an impact is temporary. All proposed impacts,
permanent and temporary, must be listed, and must be labeled and clearly identifiable on an
accompanying site plan. All wetlands and waters, and all streams (intermittent and perennial)
should be shown on a delineation map, whether or not impacts are proposed to these systems.
Wetland and stream evaluation and delineation forms should be included as appropriate.
Photographs may be included at the applicant's discretion. If this proposed impact is strictly for
wetland or stream mitigation, list and describe the impact in Section VIII below. If additional
space is needed for listing or description, please attach a separate sheet.
Page 3 of 9
Provide a written description of the proposed impacts: The construction of the elevated
driveway will introduce 356 y^3 of fill into a jurisdictional wetland. The culverted stream
crossing will impact a single perennial stream. The culvert will be placed in such a manner as
to allow for low flow passage of water and aquatic life, and existing stream dimensions will
be maintained upstream and downstream of the culvert.8 y^3 of fill will be placed on top of
and on either side of the culvert to maintain driveway bed elevation.
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,
senarately list imnacts due to both structure and flooding-
Wetland Impact
Site Number
(indicate on map)
Type of Impact Type of Wetland
(e.g., forested, marsh,
herbaceous, bog, etc.) Located within
I00-year
Floodplain
(yes/no) Distance to
Nearest
Stream
(linear feet Area of
Impact
(acres)
A Forested No 0 (Abuts) 0.08

Total Wetland Impact (acres) 0.08
3. List the total acreage (estimated) of all existing wetlands on the property: 0.08
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- multinly length X width then divide by 41 560
Stream Impact Average Impact Area of
Number Stream Name Type of Impact Perennial or Stream Width Length Impact
(indicate on map) Intermittent? Before (linear feet) (acres)
Impact
B UT of Pocket Crossing, Perennial 9 36 007
Creek (USACE/DWQ) .

Page 4 of 9
Total Stream Impact (by length and acreage) 36 .007
5. Individually list all open water impacts (including lakes, ponds, estuaries, sounds, Atlantic
Ocean and any other water of the U.S.). Open water impacts include, but are not limited to
fill, excavation, dredging, floodin , drainage, bulkheads, etc.
Open Water Impact
Site Number
(indicate on ma) Name Waterbody
(if applicable)
Type of Impact Type of Waterbody
(lake, Pand estuarY, sound, bay,
ocean, etc.) Area of
Impact
(acres)

Total Open Water Impact (acres)
6. List the cumulative impact to all Waters of the U.S. resulting from the project:
Stream Imp act (acres): .007
Wetland Impact (acres): 0.08
Open Water Impact (acres): N/A
Total Impact to Waters of the U.S. (acres) 0.087
Total Stream Impact (linear feet): 36
7. Isolated Waters
Do any isolated waters exist on the property? ? Yes ® No
Describe all impacts to isolated waters, and include the type of water (wetland or stream) and
the size of the proposed impact (acres or linear feet). Please note that this section only
applies to waters that have specifically been determined to be isolated by the USACE.
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
Page 5 of 9
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.
Impacts have been avoided and minimized to the extent practical during Project planning and
design or this project. In order to meet the purpose and need of this project, one stream needs to
be crossed and one wetland needs to be filled. However, the following measures have been taken
to reduce the direct impacts of this driveway on each of the features. The placement of the
driveway is the shortest distance between Blue Jay Drive and the perennial stream resulting in
the least possible amount of wetland impact The impacted areas will be restored to the original
grade (where applicable) upon completion of the project The proposed crossings will be
perpendicular to the stream and positioned in an area that offers the least amount of impact while
still meeting the purpose and need of the proposed project.
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
and/or upland vegetated buffers to protect open waters such as streams; and replacing losses of
aquatic resource functions and values by creating, restoring, enhancing, or preserving similar
functions and values, preferable in the same watershed.
If mitigation is required for this project, a copy of the mitigation plan must be attached in order
for USACE or DWQ to consider the application complete for processing. Any application
lacking a required mitigation plan or NCEEP concurrence shall be placed on hold as incomplete.
An applicant may also choose to review the current guidelines for stream restoration in DWQ's
Draft Technical Guide for Stream Work in North Carolina, available at
http://h2o.enr.state.nc.us/ncwetlands/strmgide.html.
Provide a brief description of the proposed mitigation plan. The description should provide
as much information as possible, including, but not limited to: site location (attach directions
and/or map, if offsite), affected stream and river basin, type and amount (acreage/linear feet)
of mitigation proposed (restoration, enhancement, creation, or preservation), a plan view,
preservation mechanism (e.g., deed restrictions, conservation easement, etc.), and a
Page 6 of 9
description of the current site conditions and proposed method of construction. Please attach
a separate sheet if more space is needed.
2. Mitigation may also be made by payment into the North Carolina Ecosystem Enhancement
Program (NCEEP). Please note it is the applicant's responsibility to contact the NCEEP at
[phone] to determine availability, and written approval from the NCEEP indicating
that they are will to accept payment for the mitigation must be attached to this form. For
additional information regarding the application process for the NCEEP, check the NCEEP
website at http://h2o.enr.state.nc.us/wrp/index.htm. If use of the NCEEP is proposed, please
check the appropriate box on page five and provide the following information:
Amount of stream mitigation requested (linear feet): N/A
Amount of buffer mitigation requested (square feet): N/A
Amount of Riparian wetland mitigation requested (acres): N/A
Amount of Non-riparian wetland mitigation requested (acres): N/A
Amount of Coastal wetland mitigation requested (acres): N/A
IX. Environmental Documentation (required by DWQ)
1. Does the project involve an expenditure of public (federal/state/local) funds or the use of
public (federal/state) land? Yes ? No
If yes, does the project require preparation of an environmental document pursuant to the
requirements of the National or North Carolina Environmental Policy Act (NEPA/SEPA)?
Note: If you are not sure whether a NEPA/SEPA document is required, call the SEPA
coordinator at [phone] to review current thresholds for environmental documentation.
Yes ? No
3. If yes, has the document review been finalized by the State Clearinghouse? If so, please
attach a copy of the NEPA or SEPA final approval letter. Yes ? No El
X. Proposed Impacts on Riparian and Watershed Buffers (required by DWQ)
It is the applicant's (or agent's) responsibility to determine, delineate and map all impacts to
required state and local buffers associated with the project. The applicant must also provide
justification for these impacts in Section VII above. All proposed impacts must be listed herein,
and must be clearly identifiable on the accompanying site plan. All buffers must be shown on a
map, whether or not impacts are proposed to the buffers. Correspondence from the DWQ
Regional Office may be included as appropriate. Photographs may also be included at the
applicant's discretion.
Page 7 of 9
1. Will the project impact protected riparian buffers identified within 15A NCAC 2B .0233
(Neuse), 15A NCAC 2B .0259 (Tar-Pamlico), 15A NCAC 02B .0243 (Catawba) 15A NCAC
2B .0250 (Randleman Rules and Water Supply Buffer Requirements), or other (please
identify )? Yes ? No ?
2. If "yes", identify the square feet and acreage of impact to each zone of the riparian buffers.
If buffer mitigation is required calculate the required amount of mitigation by applying the
buffer multipliers.
Impact Required
Zone* , F o,? Multiplier nor.*;, +-
1 I n/a 13 (2 for Catawba) I n/a
2 n/a 1.5 n/a
Total I n/a I I n/a
* Zone 1 extends out 30 feet perpendicular from the top of the near bank of channel; Zone 2 extends an
additional 20 feet from the edge of Zone 1.
3. If buffer mitigation is required, please discuss what type of mitigation is proposed (i.e.,
Donation of Property, Riparian Buffer Restoration / Enhancement, or Payment into the
Riparian Buffer Restoration Fund). Please attach all appropriate information as identified
within 15A NCAC 2B .0242 or.0244, or.0260.
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.
XII. Sewage Disposal (required by DWQ)
Clearly detail the ultimate treatment methods and disposition (non-discharge or discharge) of
wastewater generated from the proposed project, or available capacity of the subject facility.
The purpose of this project is an attendant transportation feature, and no wastewater is
XIII. Violations (required by DWQ)
Is this site in violation of DWQ Wetland Rules (15A NCAC 2H.0500) or any Buffer Rules?
Yes ? No
Page 8 of 9
Is this an after-the-fact permit application? Yes ? No N
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 N
If yes, please submit a qualitative or quantitative cumulative impact analysis in accordance with
the most recent North Carolina Division of Water Quality policy posted on our website at
http://h2o.enr.state.nc.us/ncwetlands. If no, please provide a short narrative description:
XV. Other Circumstances (Optional):
It is the applicant's responsibility to submit the application sufficiently in advance of desired
construction dates to allow processing time for these permits. However, an applicant may
choose to list constraints associated with construction or sequencing that may impose limits on
work schedules (e.g., draw-down schedules for lakes, dates associated with Endangered and
Threatened Species, accessibility problems, or other issues outside of the applicant's control).

Digitally signed by Tom Colson
DN: cn=Tom Colson, c=US,
o=Froehling and Robertson, Inc.,
ou=66E, email=[e-mail]
Date: 2007.11.15 13:06:33 -05'00'
M-ArG„1, 2009
Applicant/Agent's Signature Date
(Agent's signature is valid only if an authorization letter from the applicant is provided.)
Page 9 of 9
Hydric Soils
Lee County, North Carolina
Map symbol and
Component Percent
of map
Landform Hydric Hydric
map unit name
unit rating criteria
Wn:
Wehadkee fine sandy loam Wehadkee, undrained 80 Depressions, Flood Yes 2B3, 4
plains
Wehadkee, drained 10 Depressions, Flood Yes 2133, 4
plains
Explanation of hydric criteria codes:
1. All Histels except for Folistels, and Histosols except for Folists.
2. Soils in Aquic suborders, great groups, or subgroups, Albolls suborder, Historthels great group,
Histoturbels great group, Pachic subgroups, or Cumulic subgroups that:
A. are somewhat poorly drained and have a water table at the surface (0.0 feet)
during the growing season, or
B. are poorly drained or very poorly drained and have either:
1.) a water table at the surface (0.0 feet) during the growing season if textures are
coarse sand, sand, or fine sand in all layers within a depth of 20 inches, or
2.) a water table at a depth of 0.5 foot or less during the growing season if permeability
is equal to or greater than 6.0 in/hr in all layers within a depth of 20 inches, or
3.) a water table at a depth of 1.0 foot or less during the growing season if permeability
is less than 6.0 in/hr in any layer within a depth of 20 inches.
3. Soils that are frequently ponded for long or very long duration during the growing season.
4. Soils that are frequently flooded for long or very long duration during the growing season.
USA Natural Resources
Tabular Data Version: 7
Conservation Service Tabular Data Version Date: 01/19/2007
Page 1 of 1
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? r Client: Mike Labount
I FROEHLING & ROBERTSON, INC. Pro eat: Spivey and Sturdivant Properties
FQ D GEOTECHNICAL • ENVIRONMENTAL • MATERIALS L.-tie. Lee County
. ENGINEERING • LABORATORIES F&R Project No.: H66-656E
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GEOTECHNICAL - ENVIRONMENTAL - MATERIALS Location Lee County
ENGINEERING - LABORATORIES F&R Project No.: H66-656E
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I FROEHLING & ROBERTSON, INC. Project: Spivey and Sturdivant Properties
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FROEHLING & ROBERTSON, INC. Project: Spivey and Sturdivant Properties
FQ p GEOTECHNICAL • ENVIRONMENTAL • MATERIALS Location Lee Cennty
?" r ENGINEERING • LABORATORIES F&R Project No.: H66-656E
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FROEHLING 8r ROBERTSON, INC. project: Spivey and
? GEOTECHNICAL ? ENVIRONMENTAL ? MATERIALS Location Lee County
ENGINEERING ? LABORATORIES F&R Project No.: 66-5046E
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Sanford, NC 27332
Page 1 of 1
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08/30/2007 THU laeZ1 rAX I i
S INC:E I I i
FROEHLING 0 ROBERTSON INC I
9EC TECHNICAL 0 sN' IRONMENTAL a MATERIALS '
ENGINEER • LABORATORIES
"OVER 125 Y EARS OP SENVICLVP
FR
310 Hubert Street
a d , Raleigh, North Caroli 27603
Telephone: [phone] Fax: [phone]
August 30-2007
, i
US Army Corps Of Engineer
Wihningtk6District - Raleigh Regulatory Fic:ld Omuv
6509 Vall.s of Neuse Rd. Suite 120 '
Raleigh, NC 27615 II
Re: US Army Corps ofE Igineera
Agent Authorization ttcr
Spivuy mid Sturdivan ?
J ..&R Project No. I
Lee County, North C: !rolina l c
i III
The undersigned hereby authorizes Froehling & Robertson, lLo. (b'&R) to proceed u
current prdperty owner(s) as the agent for wetland oonsuttingland permitting issu s p'
above referenced pmjeot sifie. This agent authorization ?ctter supersedes a 1 1
authorizations. From this day, forward; please oontact F&R! for wudai d relate iss-
with this project and prior to site visits.
Sincerely,: ? ? ?
rmoicI33L.1NG & ROBERTSON, INC. 1
f
I
I
'I'hornas P. Colson
Project M*nagur
behalf of the
iaining to the
evious agent
es associated
IZO07/009
Signature: 2" Signature:
zl? n?7R?nnal:nvL reyuirei3
Printed Name: -- P+ediName:

Organization:
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Phone Nurriber:
2?S?317 Phone IJumber: i
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