20081432 Ver 1_401 Application_20080908

69
SPANGLER
ENVIRONMENTAL, INC.
0 8- 1 4 3 2
Land Planning Permitting Environmental Consulting Construction Management
Testimony
September 7, 2008
Mr. Ronnie Smith
US Army Corps of Engineers RD
Wilmington Regulatory Field Office ` D
P.O. Box 1890 SEP i 6
Wilmington, NC 28402-1890 200$
U£WR - iVRTER QUAU7Y
Re: Rayconda Upper Dam Repair WETLMDS Mf) STC> M`NATER BPMCH
Action ID - SAW-2008-00081
Cumberland County, NC
SEI Project #: 200710050
Mr. Smith:
• Expert
Spangler Environmental, Inc. (SEI) on behalf of McKim and Creed, is submitting this package
for the project site known as Rayconda Dam located on Siple Avenue in Cumberland County,
North Carolina. SEI is requesting your approval for open water impacts totaling .49 acres.
SEI has previously requested confirmation of the location of the waters/wetlands on-site by the
United States Army Corps of Engineers (USACE). A Jurisdictional Determination has received
on January 9, 2008 and is attached with this application.
Included in this package you will find the PCN application and necessary attachments needed to
move forward. The following materials are enclosed to assist you in processing our request:
1. PCN Application
2. Notification of Jurisdictional Determination, dated January 9, 2008
3. Agent Authorization
4. Sediment and Erosion Control Plan with open water impacts
Impact # Resource to be Impact Type Amount of Impacts
Impacted
I Open Water Permanent - north side .24 acre
of dam
2 Permanent - south side
Open Water
of dam .25 acre
4332 Bland Road Raleigh, N.C. 27609 te1919-875-4288 fax [phone]
3961-B Market Street Wilmington, N.C. 28403 tel [phone] fax [phone]-SPANGLER www.spanglerenvironmental.com
The impacts proposed for this site are associated with the proposed maintenance/rehabilitation to
the existing dam structure. SEI believes that the proposed impacts to open waters for this project
can be authorized under a NWP 3 and DWQ WQC 3687 for impacts associated with
maintenance required for repair of existing structures. If you have any questions, or require
additional information, please call this office at 919-875-4288.
Sincerely,
Spangler Environmental, Inc.

Thomas King
Project Environmental Scientist
Enclosures
cc: Cindy Karoly
03-1!32
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 Applicable" or "N/A".)
1. Processing
Check all of the approval(s) requested for this project:
® Section 404 Permit ? Riparian or Watershed Buffer Rules
? Section 10 Permit ? Isolated Wetland Permit from DWQ
® 401 Water Quality Certification ? Express 401 Water Quality Certification
2. Nationwide, Regional or General Permit Number(s) Requested: NWP 3/WQC 3687
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 tMENW195
II. Applicant Information
II n? S E P 1 6 2008
1. Owner/Applicant Information DENR - WATER DUALITY
WETLANDS AND STORMWATER BRANCH
Name: McKim and Creed
Mailing Address: 1730 Varsity Drive, Suite 500 Raleigh, North Carolina 27606
Telephone Number: [phone] Fax Number: [phone]
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: Thomas King
Company Affiliation: Spangler Environmental, Inc.
Mailing Address: 4338 Bland Road, Raleigh, NC 27609
Telephone Number: 919-875-4288 Fax Number: 919-875-4287
E-mail Address: tkinggspanglerenvironmental.com
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
Page I of 8
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: Rayconda Upper Dam Repair - USACE Action ID # SAW-2008-00081
2. T.I.P. Project Number or State Project Number (NCDOT Only): N/A
3. Property Identification Number (Tax PIN):
4. Location
County: Cumberland Nearest Town: Fayetteville
Subdivision name (include phase/lot number):
Directions to site (include road numbers/names, landmarks, etc.): From Fayetteville: Travel
south on Highway 401, turn left on Rayconda Road and then make a right on Siple Avenue.
The project site is located approximately'/4 mile after turning on Siple Avenue.
5. Site coordinates (For linear projects, such as a road or utility line, attach a sheet that
separately lists the coordinates for each crossing of a distinct waterbody.)
Decimal Degrees (6 digits minimum): 35.0267°N 79.0218 °W
6. Property size (acres):=
7. Name of nearest receiving body of water: Unnamed tributary to Little Rockfish Creek
8. River Basin:
(Note - this must be one of North Carolina's seventeen designated major river basins. The
River Basin map is available at http://h2o.enr.state.nc.us/admin/maps/.)
9. Describe the existing conditions on the site and general land use in the vicinity of the project
at the time of this application: The project site is an open water impoundment surrounded
by residential properties. Siple Ave. is located on the impoundment as it crosses the open
water.
10. Describe the overall project in detail, including the type of equipment to be used: The
proposed project consists of a maintenance upgrade of the current dam structure located on
site. Impacts to open water areas include to areas that are .24 and .25 acres in area, for a
total of .49 acres of impacts. The area of open water will be drawn down to perform the
required work.
Page 2 of 8
11. Explain the purpose of the proposed work: The purpose of the proposed work is to provide
a level of maintenance to this structure that will ensure its long term ability to function at
designed levels.
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. A Jurisdictional Determination from the USACE was received on
January 9, 2008 and is attached to this application. Action ID SAW-2008-00081.
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.
No future impacts to waters of the U.S. including federally regulated wetlands are proposed for
this project. Please see the attached Sediment and Erosion Control Plan.
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.
Provide a written description of the proposed impacts: The proposed work includes Wgradinga
spillway system than involves a box culvert, concrete lined outlet channel and riprap outfall
apron. Additionally, the slopes of the dam will extend further into the open water due to fill
placed to create a 3:1 slope and a new discharge point and outlet protection.
1. 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.
Page 3 of 8
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)

2. List the total acreage of all existing wetlands on the propert y:
3. 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 ma)
Stream Name
Type of Impact
Perennial or
Intermittent? Average
Stream Width
Before Impact Impact
Length
(linear feet) Area of
Impact
(acres)

TOTAL
4. 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, dredaina. floodinc. drainage. bulkheads. etc.
Open Water Impact Name of Waterbody Type of Waterbody Area of
Site Number (if applicable) Type of Impact (lake pand estuary, sound, bay, Impact
(indicate on ma) ocean, etc.) (acres)
1 Rayconda Lake Permanent Lake 0.24
2 Rayconda Lake Permanent Lake 0.25
Total Open Water Impact (acres) 0.49
5. List t
he cumulative impact to all Waters of the U.S. resulting from the project
Stream Impact (acres): -
Wetland Impact (acres): -
Open Water Impact (acres): 0.49
Total Impact to Waters of the U.S. (acres) 0.49
Total Stream Impact (linear feet): -
6. Isolated Waters
Do any isolated waters exist on the property? ? Yes ® No
Page 4 of 8
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.
7. 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
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 proposed project
underwent several concept changes in order to reduce impacts to a minimum level and stay
below .5-acres of impacts. Impacts to the open water could not be avoided in order to perform
the proposed work. The location of the road and the surrounding residential home, create a
safety issue and requires the dam to function properly to avoid the potential for sever damage.
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
Page 5 of 8
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/stnnizide.html.
1. Provide a brief description of the proposed mitigation plan. The description should provide
as much information as possible, including, but not limited to: site location (attach directions
and/or map, if offsite), affected stream and river basin, type and amount (acreage/linear feet)
of mitigation proposed (restoration, enhancement, creation, or preservation), a plan view,
preservation mechanism (e.g., deed restrictions, conservation easement, etc.), and a
description of the current site conditions and proposed method of construction. Please attach
a separate sheet if more space is needed.
Impacts proposed to existing open water areas are less than .5-acres and therefore do not
require mitigation.
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):
Amount of buffer mitigation requested (square feet):
Amount of Riparian wetland mitigation requested (acres):
Amount of Non-riparian wetland mitigation requested (acres):
Amount of Coastal wetland mitigation requested (acres):
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
2. If yes, does the project require preparation of an environmental document pursuant to the
requirements of the National or North Carolina Environmental Policy Act (NEPA/SEPA)?
Note: If you are not sure whether a NEPA/SEPA document is required, call the SEPA
coordinator at [phone] to review current thresholds for environmental documentation.
Yes ? No
Page 6 of 8
3. If yes, has the document review been finalized by the State Clearinghouse? If so, please
attach a copy of the NEPA or SEPA final approval letter. Yes ? No
X. Proposed Impacts on Riparian and Watershed Buffers (required by DWQ)
It is the applicant's (or agent's) responsibility to determine, delineate and map all impacts to
required state and local buffers associated with the project. The applicant must also provide
justification for these impacts in Section VII above. All proposed impacts must be listed herein,
and must be clearly identifiable on the accompanying site plan. All buffers must be shown on a
map, whether or not impacts are proposed to the buffers. Correspondence from the DWQ
Regional Office may be included as appropriate. Photographs may also be included at the
applicant's discretion.
1. Will the project impact protected riparian buffers identified within 15A NCAC 2B .0233
(Meuse), 15A NCAC 213 .0259 (Tar-Pamlico), 15A NCAC 02B .0243 (Catawba) 15A NCAC
2B .0250 (Randleman Rules and Water Supply Buffer Requirements), or other (please
identify Yes ? No
2. If "yes", identify the square feet and acreage of impact to each zone of the riparian buffers.
If buffer mitigation is required calculate the required amount of mitigation by applying the
buffer multipliers.
Zone* Impact
(square feet) Multiplier Required
Mitigation

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.
This project consists the redesign and rehabilitation of an existing dam structure which should
not require stormwater infrastructure.
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.
Page 7 of 8
No wastewater will be generated from this project..
XIH. Violations (required by DWQ)
Is this site in violation of DWQ Wetland Rules (I 5A NCAC 2H .0500) or any Buffer Rules?
Yes ? No
Is this an after-the-fact permit application? Yes ? No
XIV. Cumulative Impacts (required by DWQ)
Will this project (based on past and reasonably anticipated future impacts) result in additional
development, which could impact nearby downstream water quality? Yes ? No
If yes, please submit a qualitative or quantitative cumulative impact analysis in accordance with
the most recent North Carolina Division of Water Quality policy posted on our website at
hW;//h2o.eirlr.state.nc.us/ncwetlands. If no, please provide a short narrative description: The
scope of this project is self contained and does not involve future additions or alterations.
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.)
Page 8 of 8
Phtle--- r4PA 'D,-?tm
U.S. ARMY CORPS OF ENGINEERS
WILMINGTON DISTRICT
Action Id. SAW-2008-00081 County: Cumberland U.S.G.S. Quad: Clifdale
NOTIFICATION OF JURISDICTIONAL DETERMINATION
Property Owner/Agent: James A. Spangler, Spangler Environmental Inc
Address: P.O. Box 387
Raleigh, NC 27602 RECEIVED JAI'! 1 4 2008
Telephone No.: 919-546-0754
Property description:
Size (acres) --50 ac Nearest Town Fayetteville
Nearest Waterway Little Rockfish Creek River Basin Cape Fear
USGS HUC 03030004 Coordinates N 35.0267 W 79.0218
Location description Project area is an open water impoundment of an unnamed tributary to Little Rockfish Creek
(Rayconda Lake), located south of Highway 401, west of Fayetteville Cumberland County. North Carolina
Indicate Which of the Followin Apply:
A. Preliminary Determination
Based on preliminary information, there may be wetlands on the above described property. We strongly suggest you have
this property inspected to determine the extent of Department of the Army (DA) jurisdiction. To be considered final, a
jurisdictional determination must be verified by the Corps. This preliminary determination is not an appealable action
under the Regulatory Program Administrative Appeal Process ( Reference 33 CFR Part 331).
B. Approved Determination
_ There are Navigable Waters of the United States within the above described property subject to the permit requirements of
Section 10 of the Rivers and Harbors Act and Section 404 of the Clean Water Act. 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.
X There are wetlands on the above described property 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.
_ We strongly suggest you have the wetlands on your property delineated. Due to the size of your property and/or our
present workload, the Corps may not be able to accomplish this wetland delineation in a timely manner. For a more timely
delineation, you may wish to obtain a consultant. Tb be considered final, any delineation must be verified by the Corps.
X The wetland on your property have been delineated and the delineation has been verified by the Corps. We strongly
suggest you have this delineation surveyed. Upon completion, this survey should be reviewed and verified by the Corps.
Once verified, this survey will provide an accurate depiction of all areas subject to CWA jurisdiction on your property
which, provided there is no change in the law or our published regulations, may be relied upon for a period not to exceed
five years.
_ The wetlands have been delineated and surveyed and are accurately depicted on the plat signed by the Corps
Regulatory Official identified below on . Unless there is a change in the law or our published regulations, this
determination may be relied upon for a period not to exceed five years from the date of this notification.
_ There are no waters of the U.S., to include wetlands, present on the above described property which are subject to the
permit requirements of Section 404 of the Clean Water Act (33 USC 1344). Unless there is a change in the law or our
published regulations, this determination may be relied upon for a period not to exceed five years from the date of this
notification.
The property is located in one of the 20 Coastal Counties subject to regulation under the Coastal Area Management Act
(CAMA). You should contact the Division of Coastal Management in Wilmington, NC at [phone] to determine
their requirements.
Page 1 of 2
Placement of dredged or fill material within waters of the US and/or wetlands without a Department of the Army permit may
constitute a violation of Section 301 of the Clean Water Act (33 USC § 1311). If you have any questions regarding this
determination and/or the Corps regulatory program, please contact Emily Burton at 910-251-4635.
C. Basis For Determination
This site contains a relaitvelv permanent waterway (RPW) that exhibits an ordinary high water mark and is an
unnamed tributary to Little Rockfish Creek Little Rockfish Creek flows directly into Rockfish Creek, a traditionally
navigable water (TNW). This determination is based on information submitted by Suaneler Environmental Inc
D. Remarks
E. Appeals Information (This information applies only to approved jurisdictional determinations as indicated in
B. above)
This correspondence constitutes an approved jurisdictional determination for the above described site. If you object to this
determination, you may request an administrative appeal under Corps regulations at 33 CFR part 331. Enclosed you will find a
Notification of Appeal Process (NAP) fact sheet and request for appeal (RFA) form. If you request to appeal this
determination you must submit a completed RFA form to the following address:
District Engineer, Wilmington Regulatory Division
Attn: Emily Burton, Project Manager,
Wilmington Regulatory Field Office
Post Office Box 1890
Wilmington, North Carolina 28402-1890
In order for an RFA to be accepted by the Corps, the Corps must determine that it is complete, that it meets the criteria for
appeal under 33 CFR part 331.5, and that it has been received by the District Office within 60 days of the date of the NAP.
Should you decide to submit an RFA form, it must be received at the above address by 3/09/08.
**It is not necessary to submit an RFA form to the District Office if you do not object to the determination in this
correspondence.**
Corps Regulatory Official. ,A-..O_ ?AIS'L,
Date January 9. 2008 V Expiration Date January 9. 2013
Action Id. SAW-2008-00081
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 Customer Satisfaction Survey located at our website at http://regulatory.usacesurvey.com/ to
complete the survey online.
Copy furnished:
Kathleen Gray, McKim&Creed P.A. 200 MacKenan CourtCarv NC 27511
Page 2 of 2
NOTIFICATION OF ADMINISTRATIVE APPEAL OPTIONS AND PROCESS AND
REQUEST FOR APPEAL
Applicant: James Spangler, Spangler File Number: SAW-2008-
Environmental, Inc. 00081
Attached is:
INITIAL PROFFERED PERMIT (Standard Permit or Letter of
Date: 1/09/08
- See Section below -?
A
LJ PROFFERED PERMIT (Standard Permit or Letter of permission)
[J PERMIT DENIAL
APPROVED JURISDICTIONAL DETERMINATION
PRELIMINARY JURISDICTIONAL DETERMINATION
B
C
D
E
SECTION I - The following identifies your rights and options regarding an administrative appeal of the above
decision. Additional information may be found at hU://www.usace.anny. mil/inet/functions/cw/cecwo/rte or
Corps regulations at 33 CFR Part 331.
A: INITIAL PROFFERED PERMIT: You may accept or object to the permit.
• ACCEPT: If you received a Standard Permit, you may sign the permit document and return it to the district engineer for final
authorization. If you received a Letter of Permission (LOP), you may accept the LOP and your work is authorized. Your signature
on the Standard Permit or acceptance of the LOP means that you accept the permit in its entirety, and waive all rights to appeal the
permit, including its terms and conditions, and approved jurisdictional determinations associated with the permit.
OBJECT: If you object to the permit (Standard or LOP) because of certain terms and conditions therein, you may request that the
permit be modified accordingly. You must complete Section II of this form and return the form to the district engineer. Your
objections must be received by the district engineer within 60 days of the date of this notice, or you will forfeit your right to appeal
the permit in the future. Upon receipt of your letter, the district engineer will evaluate your objections and may: (a) modify the
permit to address all of your concerns, (b) modify the permit to address some of your objections, or (c) not modify the permit
having determined that the permit should be issued as previously written. After evaluating your objections, the district engineer
will send you a proffered permit for your reconsideration, as indicated in Section B below.
B: PROFFERED PERMIT: You may accept or appeal the permit
ACCEPT: If you received a Standard Permit, you may sign the permit document and return it to the district engineer for final
authorization. If you received a Letter of Permission (LOP), you may accept the LOP and your work is authorized. Your signature
on the Standard Permit or acceptance of the LOP means that you accept the permit in its entirety, and waive all rights to appeal the
permit, including its terms and conditions, and approved jurisdictional determinations associated with the permit.
APPEAL: If you choose to decline the proffered permit (Standard or LOP) because of certain terms and conditions therein, you
may appeal the declined permit under the Corps of Engineers Administrative Appeal Process by completing Section II of this form
and sending the form to the division engineer. This form must be received by the division engineer within 60 days of the date of
this notice.
C: PERMIT DENIAL: You may appeal the denial of a permit under the Corps of Engineers Administrative Appeal Process by
completing Section II of this form and sending the form to the division engineer. This form must be received by the division engineer
within 60 days of the date of this notice.
D: APPROVED JURISDICTIONAL DETERMINATION: You may accept or appeal the approved JD or
provide new information.
ACCEPT: You do not need to notify the Corps to accept an approved JD. Failure to notify the Corps within 60 days of the date of
this notice, means that you accept the approved JD in its entirety, and waive all rights to appeal the approved JD.
APPEAL: If you disagree with the approved JD, you may appeal the approved JD under the Corps of Engineers Administrative
Appeal Process by completing Section II of this form and sending the form to the division engineer. This form must be received by
the division engineer within 60 days of the date of this notice.
E: PRELIMINARY JURISDICTIONAL DETERMINATION: You do not need to respond to the Corps
regarding the preliminary JD. The Preliminary JD is not appealable. If you wish, you may request an approved
JD (which may be appealed), by contacting the Corps district for further instruction. Also you may provide new
information for further consideration by the Corps to reevaluate the JD.
SECTION II - REQUEST FOR APPEAL or OBJECTIONS TO AN INITIAL PROFFERED PERMIT
REASONS FOR APPEAL OR OBJECTIONS: (Describe your reasons for appealing the decision or your
objections to an initial proffered permit in clear concise statements. You may attach additional information to
this form to clarify where your reasons or objections are addressed in the administrative record.)
ADDITIONAL INFORMATION: The appeal is limited to a review of the administrative record, the Corps
memorandum for the record of the appeal conference or meeting, and any supplemental information that the
review officer has determined is needed to clarify the administrative record. Neither the appellant nor the Corps
may add new information or analyses to the record. However, you may provide additional information to clarify
the location of information that is already in the administrative record.
POINT OF CONTACT FOR
If you have questions regarding this decision
and/or the appeal process you may contact:
District Engineer, Wilmington Regulatory Division
Attn: Emily Burton, Project Manager,
Wilmington Regulatory Field Office
Post Office Box 1890
Wilmington, North Carolina 28402-1890
If you only have questions regarding the appeal process you
may also contact:
Mr. Mike Bell, Administrative Appeal Review Officer
CESAD-ET-CO-R
U.S. Army Corps of Engineers, South Atlantic Division
60 Forsyth Street, Room 9M 15
Atlanta, Georgia 30303-8801
RIGHT OF ENTRY: Your signature below grants the right of entry to Corps of Engineers personnel, and any
government consultants, to conduct investigations of the project site during the course of the appeal process. You
will be provided a 15 day notice of any site investigation, and will have the opportunity to participate in all site
Date: Telephone number:
of appellant or
For appeals on Initial Proffered Permits and approved Jurisdictional Determinations send this
form to:
District Engineer, Wilmington Regulatory Division, Attn: Emily Burton, Project Manager,
Wilmington Regulatory Field Office, PO Box 1890, Wilmington, North Carolina 28402-1890
For Permit denials and Proffered Permits send this form to:
TIONS OR INFORMATION:
Division Engineer, Commander, U.S. Army Engineer Division, South Atlantic, Attn: Mr. Mike Bell,
Administrative Appeal Officer, CESAD-ET-CO-R, 60 Forsyth Street, Room 9M15, Atlanta,
Georgia 30303-8801
44 4ZO 0*? MCI< t M & ( ?'R _ J - '?' 1

November 21, 2007
To Whom It May Concern:
The letter serves to inform you that McKim & Creed, P.A. located at 200
MacKenan Court, Cary, NC 27511, as the design firm of record and under
contract with the project owner, Rayconda HOA, hereby authorizes Spangler
Environmental, Inc. to act as our technical agent for the purposes of
environmental issues, including wetland and stream identification, permitting,
mitigation planning and regulatory agency coordination at the property known as
Rayconda Upper Dam on Siple Avenue in Fayetteville, NC. All site visits by
regulatory personnel must be coordinated in advance with our agent, Spangler
Environmental, Inc. This letter supercedes all previous Agent-related
correspondence.
The following contact persons should be copied on all correspondence:
Agent:
Sincerely,
James A. Spangler
Spangler Environmental, Inc
PO Box 387
Raleigh, NC 27602-0387
919-546-0754
Fax [phone]
McKim & Creed, P.A.
,;;E!! ?a
Kathleen P. Gra , PE
Staff Engineer
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