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HomeMy WebLinkAbout20061102 Ver 1_COMPLETE FILE_20060706 0 ® Soil & Environmental Consultants, PA. (. 11010 Raven Ridge Road • -Raleigh, North Carolina 27614 Phone: (9 19) 846-5900 • Fax: (919) 846-9467 www.SandEC.com Transmittal To: nl (-- nOn Project #: q%J (r)1 Date: D . A-h " O,Vn d (-ir A Project Name: kp-? IV F m? 1 A r File: We Transmit to you Herewith: Under Separate Cover: ? Drawings For your information and files El By mail . ? Specifications ? For comment or approval [M By courier ? Brochures or photos ? Returned for correction, resubmit ? By express Correspondence ? Approved as noted ? As per your request No. Conies Document No. Date Descri ption DULWOL - IrlLy Remarks: OCT 1 u cnwosures are not as listed as above, kindly notify us at once. By: Charlotte Office: Greensboro Off ice: 236 LcPhillip Court, Suite C Concord, NC 28025 3817-E Lawndale Drive Phone: (704) 720-9405 Greensboro, NC 27455 Fax: (704) 720-9406 Phone: (336) 540-8234 Fax: (336) 540-8235 0 Soil & Environmental Consultants, PA 11010 Raven Ridge Road • Raleigh, North Carolina 27614 • Phone: (919) 846-5900 • Fax: (919) 846-9467 www.SandE(`.com September 29, 2006 S&EC Project # 9881.wl DWQ Project 406-1102 NCDENR-DWQ Attn: Ms. Cyndi Karoly 2321 Crabtree Blvd. Parkview Building Raleigh, NC 27604 RE: Response to the NCDWQ's Notice of Withdrawal Roslin Farms Hoke County Dear Ms. Karoly: On July 6, 2006 we submitted a permit application package to the US Army Corps of Engineers (USACE) requesting written concurrence to proceed utilizing Nationwide Permits 14 & 18 for proposed impacts to jurisdictional features. With this application, we copied the NCDWQ with two (2) copies of the application and supplemental information to satisfy the required notification for utilizing Water Quality Certification (WQC) 3402, when using NWP 18, which does not require written approval from the NC-DWQ. On July 25, 2006 we received a request for additional information from the NC-DWQ dated July 19, 2006. This letter specifically requested a revised Pre-Construction Notification (PCN) Application, five (5) copies of this revised PCN and the appropriate fee of $200.00 for the written concurrence to utilized WQC 3404 (NWP 14). No further information was requested in this letter for the use of WQC 3402 (NWP 18). On August 2, 2006, we responded with a revised PCN, submitted five (5) copies and the appropriate fee of $200.00. On August 21, 2006 we received a second request for additional information dated August 15, 2006. In this letter the avoidance of impacts resulting from ditches #1 and #2 was requested. These impacts are being requested utilizing WQC 3402 (N-WP 18). Because the requested combined impacts to "Waters of the State" are less than 150 linear feet of stream and less than 1/3 acre of wetlands (project east of I-95) and an individual certification was not requested by the director of the NCDWQ, no written concurrence for proposed impacts resulting from NWP 18 is required from the NCDWQ. You additionally, requested that the Carolina Bay be shown on the plan sheet. The Carolina Bay is not going to be impacted and is being preserved as "open space," however on September 5, 2006 S&EC sent you an overall map indicating the location of the un-impacted Carolina Bay. On September 12, 2006 we received a Notice of Withdrawal dated September 11, 2006. The letter stated that we did not provide the requested information as follows. "This office believes that the ditches labeled on the plans as "ditch No. 2 and Ditch No. 3" are not required and impacts to the wetlands should be avoided. Please revise the plans to avoid the impacts." As previously stated the ditching impacts were requested utilizing WQC# 3402 (NWP 18). Because the project is located east of I-95, approval from the NC-DWQ is not required for wetland impacts utilizing NWP 18 when overall project impacts are less than 1/3 of an acre or less than 150 linear feet. We do understand that when using NWP 18 written notification to DWQ is required. According to WQC # 3402 the notification requirement is satisfied by providing two copies of the PCN form to the DWQ at the same time that the PCN form is sent to the US Army Corps of Engineers. This requirement was satisfied in the initial submittal to the NC-DWQ on July 6, 2006, and therefore the impacts requesting the use of NWP 18 has been completed as permitted by the USACE. Charlotte Office: 236 LePhillip Court, Suite C Concord, NC 28025 Phone: (704) 720-9405 Fax: (704) 720-9406 Greensboro Office: 3817-E Lawndale Drive Greensboro, NC 27455 Phone: (336) 540-8234 Fax: (336) 540-8235 Because the written notification to the DWQ was satisfied in July and an individual certification was not requested within 30 days of the receipt of the written notification, S&EC feels that all of the necessary requirements for WQC #3402 have been met. Secondarily, because WQC #3402 was completely satisfied in July the overall application submittal including the request for WQC # 3404 (NWP 14) should not have been withdrawn. At this time we are currently requesting that the NC-DWQ process our application for WQC #3404 (NWP 14) including the requested information which was provided by S&EC on September 5`h, 2006. We assume that because the application was unnecessarily withdrawn that the application fee for the authorization of WQC# 3404 will not be required. Please call or email me at CFln?vers(n)SandEC.enm if you have any questions. Sincerely, e"-'-- Chris Flowers Wetland Scientist Attachments: WQC 3402 (copy) WQC #3402 GENERAL CERTIFICATION FOR PROJECTS ELIGIBLE FOR CORPS OF ENGINEERS NATIONWIDE PERMIT NUMBERS 18 (MINOR DISCHARGES) 39 (RESIDENTIAL, COMMERCIAL AND INSTITUTIONAL DEVELOPMENTS), 41 (RESHAPING EXISTING DRAINAGE DITCHES), 42 (RECREATIONAL FACILITIES), 43 (STORMWATER MANAGEMENT FACILITIES) AND 44 (MINING ACTIVITIES), AND RIPARIAN AREA PROTECTION RULES (BUFFER RULES) This General Certification is issued in conformity with the requirements of Section 401, Public Laws 92-500 and 95-217 of the United States and subject to the North Carolina Division of Water Quality (DWQ) Regulations in 15A NCAC 2H, Section .0500 and 15A NCAC 26 .0200 for the discharge of fill material to waters and adjacent wetland areas or to wetland areas that are not a part of the surface tributary system to interstate waters or navigable waters of the United States (i.e., isolated wetlands) as described in 33 CFR 330 Appendix A (B) (18, 39, 41, 42, 43 and 44) of the Corps of Engineers regulations (i.e., Nationwide Permit No. 39) and for the Riparian Area Protection Rules (Buffer Rules) in 15A NCAC 2B .0200. This Certification replaces Water Quality Certification Numbers 3106 and 3108 issued on February 11, 1997, and Water Quality Certification Number 3287 issued on June 1, 2000 and Water Quality Certification Number 3362 issued March 18, 2002. This WQC is rescinded when the Corps of Engineers re-authorizes Nationwide Permits 18, 39, 41, 42, 43 or 44 or when deemed appropriate by the Director of DWQ. The State of North Carolina certifies that the specified category of activity will not violate applicable portions of Sections 301, 302, 303, 306 and 307 of the Public Laws 92-500 and 95-217 if conducted in accordance with the conditions hereinafter set forth. Conditions of Certification: 1. Enumerating and Reporting of Impacts: • Streams - Impacts to streams as determined by the Division of Water Quality shall be measured as length of the centerline of the normal flow channel. Permanent and/or temporary stream impacts shall be enumerated on the entire project for all impacts regardless of which 404 Nationwide Permits are used. Stream relocations and stream bed and/or bank hardening are considered to be permanent stream impacts. Any activity that results in a loss of use of stream functions including but not limited to filling, relocating, flooding, excavation, dredging and complete shading shall be considered stream impacts. Enumeration of impacts to streams shall include streams enclosed by bottomless culverts, bottomless arches or other spanning structures when a 404 Permit is used anywhere in a project unless the entire structure (including construction impacts) spans the entire bed and both banks of the stream, is only used for a road, driveway or path crossing, and is not mitered to follow the stream pattern. Impacts for dam footprints and flooding will count toward the threshold for stream impacts, but flooding upstream of the dam will not (as long as no filling, excavation, relocation or other modification of the existing stream dimension, pattern or profile occurs) count towards mitigation requirements. Any filling, excavation, relocation or other modification of the existing stream (other than flooding) must re-establish the same dimensions, patterns and profiles of the existing channel (or those of a stable reference reach if the existing channel is unstable) to the maximum extent practical. • Wetlands - Impacts to wetlands as determined by the Division of Water Quality shall be measured as area. Permanent and/or temporary wetland impacts shall be enumerated on the entire project for all impacts regardless of which 404 Nationwide Permits are used. Any activity that results in a loss of use of wetland functions including but not limited to filling, excavating, draining, and flooding shall be considered wetland impacts. Enumeration of impacts to wetlands shall include activities that change the hydrology of a wetland when a 404 Permit is used anywhere in a project. WQC #3402 • Lakes and Ponds - Impacts to waters other than streams and wetlands as determined by the Division of Water Quality shall be measured as area. Permanent and/or temporary water impacts shall be enumerated on the entire project for all impacts proposed regardless of which 404 Nationwide Permits are used. Any activity that results in a loss of use of aquatic functions including but not limited to filling and dredging shall be considered waters impacts. Application Thresholds - Stream, wetland and water impacts that exceed any of the thresholds below require a complete application and written concurrence to use this Certification: • Total stream impacts of greater or equal to 150 cumulative feet of stream length for the entire project require written notification to and approval by the Division of Water Quality, and/or • Impacts to waters of equal to or greater than 1/3 of an acre require written notification to and approval by the Division of Water Quality, and/or • Wetland impacts of greater or equal to 1/3 of an acre east of 1-95 and 1/10 of an acre west of 1-95 require written notification to and approval by the Division of Water Quality except as specified below. Any impacts to wetlands adjacent to waters designated as ORW, SA, WS-I, WS-II or Trout or are designated as a North Carolina or National Wild and Scenic River and wetlands classified as SWL and/or UWL as well as wetlands described in 15A NCAC 2H .0506 (e) require a complete application and written concurrence from the Division of Water Quality to use this Certification. These thresholds apply for the entire project regardless of the number of Nationwide Permits applicable to the Certification that are issued by the USACE for the project; • Written notification to DWQ is required for all applications that propose to use Nationwide Permit 18. This notification requirement will be satisfied by providing two (2) copies of the PCN form to DWQ at the same time that the PCN form is sent to the US Army Corps of Engineers. A formal application and fee is not required unless DWQ decides that an Individual Certification will be required for the project. In this case, the applicant will be notified in writing from DWQ within 30 days of the receipt of the written notification. • Proposed fill or substantial modification of any amount of wetlands classified in accordance with 15A NCAC 213 .0101(e)(7) as Unique Wetlands (UWL) shall require written concurrence from the Division of Water Quality; 2. Impacts to any stream length in the Neuse, Tar-Pamlico or Randleman River Basins (or any other major river basins with Riparian Area Protection Rules [Buffer Rules] in effect at the time of application) requires written concurrence for this Certification from DWQ in accordance with 15A NCAC 213.0200. Activities listed as "exempt" from these rules do not need to apply for written concurrence under this Certification. New development activities located in the protected 50-foot wide riparian areas (whether jurisdictional wetlands or not) within the Neuse and Tar-Pamlico River Basins shall be limited to "uses" identified within and constructed in accordance with 15A NCAC 213 .0200. All new development shall be located, designed, constructed, and maintained to have minimal disturbance to protect water quality to the maximum extent practicable through the use of best management practices; Irrespective of other application thresholds in this General Certification, all impacts to perennial waters and their associated buffers require written approval from DWQ since such impacts are allowable as provided in 15A NCAC 2B. 0212 (WS-1), 213.0213 (WS-II), 2B .0214 (WS-III) and 213.0215 (WS-IV). Only water dependent activities, public projects and structures with diminimus increases in impervious surfaces will be allowed as outlined in those rules. All other activities require a variance from the delegated local government and/or the NC Environmental Management Commission before the 401 Water Quality Certification can be processed. In addition, a 30 foot wide vegetative buffer for low density development or a 100 foot wide vegetative buffer for high density development WQC #3402 must be maintained adjacent to all perennial waters except for allowances as provided under the Water Supply Watershed Protection Rules. For the purposes of this condition, perennial waters are defined as those shown as perennial waters on the most recent USGS 1:24,000 topographic map or as otherwise determined by local government studies; 4. Additional site-specific stormwater management requirements may be added to this Certification at DWQ's discretion on a case by case basis for projects that have or are anticipated to have impervious cover of greater than 30 percent. Site-specific stormwater management shall be designed to remove 85% TSS according to the latest version of DWQ's Stormwater Best Management Practices manual at a minimum. Additionally, in watersheds within one mile and draining to 303(d) listed waters, as well as watersheds that are classified as nutrient sensitive waters (NSW), water supply waters (WS), trout waters Jr), high quality waters (HQW), and outstanding resource waters (ORW), the Division shall require that extended detention wetlands, bio-retention areas, and ponds followed by forested filter strips (designed according to latest version of the NC DENR Stormwater Best Management Practices Manual) be constructed as part of the stormwater management plan when a site-specific stormwater management plan is required. For streams classified as Water Supply, High Quality Waters and Outstanding Resource Waters, post-construction, on-site stormwater management shall be required as appropriate and as outlined in 15A NCAC 2B.0104(m) and 2H .1000 to.1007, respectively, in addition to that required in this General Certification. Alternative designs may be requested by the applicant and will be reviewed on a case-by- case basis by the Division of Water Quality. Approval of stormwater management plans by the Division of Water Quality's other existing state stormwater programs including appropriate local programs are sufficient to satisfy this Condition as long as the stormwater management plans meet or exceed the design requirements specified in this condition. This condition applies unless more stringent requirements are in effect from other state water quality programs. • Unless specified otherwise in the approval letter, the final, written stormwater management plan shall be approved in writing by the Division of Water Quality's Wetlands Unit before the impacts specified in this Certification occur. • The facilities must be designed to treat the runoff from the entire project, unless otherwise explicitly approved by the Division of Water Quality. • Also, before any permanent building or other structure is occupied at the subject site, the facilities (as approved by the Wetlands Unit) shall be constructed and operational, and the stormwater management plan (as approved by the Wetlands Unit) shall be implemented. • The structural stormwater practices as approved by the Wetlands Unit as well as drainage patterns must be maintained in perpetuity. • No changes to the structural stormwater practices shall be made without written authorization from the Division of Water Quality. 5. Compensatory stream mitigation shall be required at a 1:1 ratio for not only perennial but also intermittent stream impacts that require application to DWQ in watersheds classified as ORW, HQW, Tr, WS-I and WS-II unless the project is a linear, publicly-funded transportation project, which has a 150-foot per-stream impact allowance; 6. In accordance with North Carolina General Statute Section 143-215.3D(e), any application for a 401 Water Quality Certification must include the appropriate fee. If a WQC #3402 project also requires a CAMA Permit, one payment to both agencies shall be submitted and will be the higher of the two fees; 7. In accordance with 15A NCAC 2H .0506 (h) compensatory mitigation may be required for impacts to 150 linear feet or more of streams and/or one acre or more of wetlands for an entire project. For linear public transportation projects, impacts equal to or exceeding 150 feet per stream may require mitigation. In addition, buffer mitigation may be required for any project with Riparian Area Protection Rules (Buffer Rules) in effect at the time of application for buffer impacts resulting from activities classified as "allowable with mitigation" within the "Table of Uses" section of the Buffer Rules or require a variance under the Buffer Rules. A determination of buffer, wetland and stream mitigation requirements shall be made for any Certification for this Nationwide Permit. The most current design and monitoring protocols from DWQ shall be followed and written plans submitted for DWQ approval as required in those protocols. When compensatory mitigation is required for a project, the mitigation plans must be approved by DWQ in writing before the impacts approved by the Certification occur, unless otherwise specified in the approval letter. The mitigation plan must be implemented and/or constructed before any permanent building or structure on site is occupied. In the case of public road projects, the mitigation plan must be implemented before the road is opened to the travelling public. Please note that if a stream relocation is conducted as a stream restoration as defined in The Internal Technical Guide for Stream Work in North Carolina, April 2001, the restored length can be used as compensatory mitigation for the impacts resulting from the relocation; 8. For any project involving re-alignment of streams, a stream relocation plan must be included with the 401 application for written DWQ approval. Relocated stream designs should include the same dimensions, patterns and profiles as the existing channel (or a stable reference reach if the existing channel is unstable), to the maximum extent practical. The new channel should be constructed in the dry and water shall not be turned into the new channel until the banks are stabilized. Vegetation used for bank stabilization shall be limited to native woody species, and should include establishment of a 30 foot wide wooded and an adjacent 20 foot wide vegetated buffer on both sides of the relocated channel to the maximum extent practical. A transitional phase incorporating coir fiber and seedling establishment is allowable. Also, rip-rap, A-Jacks, concrete, gabions or other hard structures may be allowed if it is necessary to maintain the physical integrity of the stream, but the applicant must provide written justification and any calculations used to determine the extent of rip-rap coverage requested. If suitable stream mitigation is not practical on-site, then stream impact will need to be mitigated elsewhere. Please note that if a stream relocation is conducted as a stream restoration as defined in The Internal Technical Guide for Stream Work in North Carolina, April 2001, the restored length can be used as compensatory mitigation for the impacts resulting from the relocation; Placement of culverts and other structures in waters, streams, and wetlands must be placed below the elevation of the streambed to allow low flow passage of water and aquatic life unless it can be shown to DWQ that providing passage would be impractical. Design and placement of culverts including open bottom or bottomless arch culverts and other structures including temporary erosion control measures shall not be conducted in a manner that may result in aggradation, degradation or significant changes in hydrology of wetlands or stream beds or banks, adjacent to or upstream and down stream of the above structures. The applicant is required to provide evidence that the equilibrium shall be maintained if requested to do so in writing by DWQ. Additionally, when roadways, causeways or other fill projects are constructed across FEMA-designated floodways or wetlands, openings such as culverts or bridges must be provided to maintain the natural hydrology of the system as well as prevent constriction of the floodway that may result in aggradation, degradation or significant changes in hydrology of streams or wetlands; WQC #3402 10. That appropriate sediment and erosion control practices which equal or exceed those outlined in the most recent version of the "North Carolina Sediment and Erosion Control Planning and Design Manual" or the "North Carolina Surface Mining Manual" whichever is more appropriate (available from the Division of Land Resources (DLR) in the DENR Regional or Central Offices) shall be in full compliance with all specifications governing the proper design, installation and operation and maintenance of such Best Management Practices in order to assure compliance with the appropriate turbidity water quality standard; 11. All sediment and erosion control measures placed in wetlands and waters shall be removed and the original grade restored within two months after the Division of Land Resources has released the project; 12. That additional site-specific conditions may be added to projects proposed under this Certification in order to ensure compliance with all applicable water quality and effluent standards; 13. Measures shall be taken to prevent live or fresh concrete from coming into contact with waters of the state until the concrete has hardened; 14. If an environmental document is required, this Certification is not valid until a Finding of No Significant Impact (FONSI) or Record of Decision (ROD) is issued by the State Clearinghouse; 15. If this Certification is used to access building sites, all lots owned by the applicant must be buildable without additional fill beyond that explicitly allowed under other General Certifications. The applicant is required to provide evidence that the lots are buildable without requiring additional impacts to wetlands, waters or buffers if required to do so in writing by DWQ. For road construction purposes, this Certification shall only be utilized from natural high ground to natural high ground; 16. Deed notifications or similar mechanisms shall be placed on all lots with remaining jurisdictional wetlands and waters or areas within 50 feet of all streams and ponds. These mechanisms shall be put in place within 30 days of the date of issuance of the 401 Certification letter or the issuance of the 404 Permit (whichever is later). A sample deed notification format can be downloaded from the 401/Wetlands Unit web site at http://h2o.enr.state.nc.us/ncwetlands . DWQ shall be sent copies of all deed restrictions applied to these lots; 17. When written concurrence is required, the applicant is required to use the most recent version of the Certification of Completion form to notify DWQ when all work included in the 401 Certification has been completed; 18. Concurrence from DWQ that this Certification applies to an individual project shall expire three years from the date of the cover letter from DWQ or on the same day as the expiration date of the corresponding Nationwide Permit 18, 39, 41, 42, 43 or 44, whichever is sooner. WQC #3402 Non-compliance with or violation of the conditions herein set forth by a specific fill project may result in revocation of this Certification for the project and may also result in criminal and/or civil penalties. The Director of the North Carolina Division of Water Quality may require submission of a formal application for Individual Certification for any project in this category of activity that requires written concurrence under this certification, if it is determined that the project is likely to have a significant adverse effect upon water quality or degrade the waters so that existing uses of the wetland or downstream waters are precluded. Public hearings may be held for specific applications or group of applications prior to a Certification decision if deemed in the public's best interest by the Director of the North Carolina Division of Water Quality. Effective date: March 2003 DIVISION OF WATER QUALITY By Alan W. Klimek, P.E. Director WQC # 3402 Environmental Consultants, PA Road • Raleigh, North Carolina 27614 • Phone: (919) 846-5900 • Fax: (919) 846-9467 www.SandE,?.com September 29, 2006 S&EC Project # 988 Lwl DWQ Project #06-1102 NCDENR-DWQ Attn: Ms. Cyndi Karoly 2321 Crabtree Blvd. Parkview Building Raleigh, NC 27604 RE: Response to the NCDWQ's Notice of Withdrawal Roslin Farms Hoke County Dear Ms. Karoly: O C T 12006 iicTC ? .. '1'6R ,r _QTY ' `,rttd Jl'cglYCi 1 On July 6, 2006 we submitted a permit application package to the US Army Corps of Engineers (USACE) requesting written concurrence to proceed utilizing Nationwide Permits 14 & 18 for proposed impacts to jurisdictional features. With this application, we copied the NCDWQ with two (2) copies of the application and supplemental information to satisfy the required notification for utilizing Water Quality Certification (WQC) 3402, when using NWP 18, which does not require written approval from the NC-DWQ. On July 25, 2006 we received a request for additional information from the NC-DWQ dated July 19, 2006. This letter specifically requested a revised Pre-Construction Notification (PCN) Application, five (5) copies of this revised PCN and the appropriate fee of $200.00 for the written concurrence to utilized WQC 3404 (NWT 14). No further information was requested in this letter for the use of WQC 3402 (NWT 18). On August 2, 2006, we responded with a revised PCN, submitted five (5) copies and the appropriate fee of $200.00. On August 21, 2006 we received a second request for additional information dated August 15, 2006. In this letter the avoidance of impacts resulting from ditches #1 and #2 was requested. These impacts are being requested utilizing WQC 3402 (NWT 18). Because the requested combined impacts to "Waters of the State" are less than 150 linear feet of stream and less than 1/3 acre of wetlands (project east of I-95) and an individual certification was not requested by the director of the NCDWQ, no written concurrence for proposed impacts resulting from NWP 18 is required from the NCDWQ. You additionally, requested that the Carolina Bay be shown on the plan sheet. The Carolina Bay is not going to be impacted and is being preserved as "open space," however on September 5, 2006 S&EC sent you an overall map indicating the location of the un-impacted Carolina Bay. On September 12, 2006 we received a Notice of Withdrawal dated September 11, 2006. The letter stated that we did not provide the requested information as follows. "Thus office believes that the ditches labeled on the plans as "ditch No. 2 and Ditch No. 3" are not required and impacts to the wetlands should be avoided. Please revise the plans to avoid the impacts." As previously stated the ditching impacts were requested utilizing WQC# 3402 (NWT 18). Because the project is located east of I-95, approval from the NC-DWQ is not required for wetland impacts utilizing MVP 18 when overall project impacts are less than 1/3 of an acre or less than 150 linear feet. We do understand that when using NWP 18 written notification to DWQ is required. According to WQC it 3402 the notification requirement is satisfied by providing two copies of the PCN form to the DWQ at the same time that the PCN form is sent to the US Army Corps of Engineers. This requirement was satisfied in the initial submittal to the NC-DWQ on July 6, 2006, and therefore the impacts requesting the use of NWP 18 has been completed as permitted by the USACE. Charlotte Office: Greensboro Office: 236 LePhillip Court, Suite C 3817-E Lawndale Drive Concord, NC 28025 Greensboro, NC 27455 Phone: (704) 720-9405 Phone: (336)540-8234 Fax: (704) 720-9406 Fax: (336) 540-8235 Because the written notification to the DWQ was satisfied in July and an individual certification was not requested within 30 days of the receipt of the written notification, S&EC feels that all of the necessary requirements for WQC #3402 have been met. Secondarily, because WQC #3402 was completely satisfied in July the overall application submittal including the request for WQC # 3404 (NWP 14) should not have been withdrawn. At this time we are currently requesting that the NC-DWQ process our application for WQC 93404 (NWP 14) including the requested information which was provided by S&EC on September 5 h, 2006. We assume that because the application was unnecessarily withdrawn that the application fee for the authorization of WQC# 3404 will not be required. Please call or email me at CFlmvery,'iUandEC.conr if you have any questions. Sincerely, Cis-- 7i-II Chris Flowers Wetland Scientist Attachments: WQC 3402 (copy) WQC #3402 GENERAL CERTIFICATION FOR PROJECTS ELIGIBLE FOR CORPS OF ENGINEERS NATIONWIDE PERMIT NUMBERS 18 (MINOR DISCHARGES) 39 (RESIDENTIAL, COMMERCIAL AND INSTITUTIONAL DEVELOPMENTS), 41 (RESHAPING EXISTING DRAINAGE DITCHES), 42 (RECREATIONAL FACILITIES), 43 (STORMWATER MANAGEMENT FACILITIES) AND 44 (MINING ACTIVITIES), AND RIPARIAN AREA PROTECTION RULES (BUFFER RULES) This General Certification is issued in conformity with the requirements of Section 401, Public Laws 92-500 and 95-217 of the United States and subject to the North Carolina Division of Water Quality (DWQ) Regulations in 15A NCAC 2H, Section.0500 and 15A NCAC 2B.0200 for the discharge of fill material to waters and adjacent wetland areas or to wetland areas that are not a part of the surface tributary system to interstate waters or navigable waters of the United States (i.e., isolated wetlands) as described in 33 CFR 330 Appendix A (B) (18, 39, 41, 42, 43 and 44) of the Corps of Engineers regulations (i.e., Nationwide Permit No. 39) and for the Riparian Area Protection Rules (Buffer Rules) in 15A NCAC 2B .0200. This Certification replaces Water Quality Certification Numbers 3106 and 3108 issued on February 11, 1997, and Water Quality Certification Number 3287 issued on June 1, 2000 and Water Quality Certification Number 3362 issued March 18, 2002. This WQC is rescinded when the Corps of Engineers re-authorizes Nationwide Permits 18, 39, 41, 42, 43 or 44 or when deemed appropriate by the Director of DWQ. The State of North Carolina certifies that the specified category of activity will not violate applicable portions of Sections 301, 302, 303, 306 and 307 of the Public Laws 92-500 and 95-217 if conducted in accordance with the conditions hereinafter set forth. Conditions of Certification: 1. Enumerating and Reporting of Impacts: • Streams - Impacts to streams as determined by the Division of Water Quality shall be measured as length of the centerline of the normal flow channel. Permanent and/or temporary stream impacts shall be enumerated on the entire project for all impacts regardless of which 404 Nationwide Permits are used. Stream relocations and stream bed and/or bank hardening are considered to be permanent stream impacts. Any activity that results in a loss of use of stream functions including but not limited to filling, relocating, flooding, excavation, dredging and complete shading shall be considered stream impacts. Enumeration of impacts to streams shall include streams enclosed by bottomless culverts, bottomless arches or other spanning structures when a 404 Permit is used anywhere in a project unless the entire structure (including construction impacts) spans the entire bed and both banks of the stream, is only used for a road, driveway or path crossing, and is not mitered to follow the stream pattern. Impacts for dam footprints and flooding will count toward the threshold for stream impacts, but flooding upstream of the dam will not (as long as no filling, excavation, relocation or other modification of the existing stream dimension, pattern or profile occurs) count towards mitigation requirements. Any filling, excavation, relocation or other modification of the existing stream (other than flooding) must re-establish the same dimensions, patterns and profiles of the existing channel (or those of a stable reference reach if the existing channel is unstable) to the maximum extent practical. • Wetlands - Impacts to wetlands as determined by the Division of Water Quality shall be measured as area. Permanent and/or temporary wetland impacts shall be enumerated on the entire project for all impacts regardless of which 404 Nationwide Permits are used. Any activity that results in a loss of use of wetland functions including but not limited to filling, excavating, draining, and flooding shall be considered wetland impacts. Enumeration of impacts to wetlands shall include activities that change the hydrology of a wetland when a 404 Permit is used anywhere in a project. WQC #3402 • Lakes and Ponds - Impacts to waters other than streams and wetlands as determined by the Division of Water Quality shall be measured as area. Permanent and/or temporary water impacts shall be enumerated on the entire project for all impacts proposed regardless of which 404 Nationwide Permits are used. Any activity that results in a loss of use of aquatic functions including but not limited to filling and dredging shall be considered waters impacts. Application Thresholds - Stream, wetland and water impacts that exceed any of the thresholds below require a complete application and written concurrence to use this Certification: • Total stream impacts of greater or equal to 150 cumulative feet of stream length for the entire project require written notification to and approval by the Division of Water Quality, and/or • Impacts to waters of equal to or greater than 1/3 of an acre require written notification to and approval by the Division of Water Quality, and/or • Wetland impacts of greater or equal to 1/3 of an acre east of 1-95 and 1/10 of an acre west of 1-95 require written notification to and approval by the Division of Water Quality except as specified below. Any impacts to wetlands adjacent to waters designated as ORW, SA, WS-l, WS-II or Trout or are designated as a North Carolina or National Wild and Scenic River and wetlands classified as SWL and/or UWL as well as wetlands described in 15A NCAC 2H .0506 (e) require a complete application and written concurrence from the Division of Water Quality to use this Certification. These thresholds apply for the entire project regardless of the number of Nationwide Permits applicable to the Certification that are issued by the USACE for the project; • Written notification to DWQ is required for all applications that propose to use Nationwide Permit 18. This notification requirement will be satisfied by providing two (2) copies of the PCN form to DWQ at the same time that the PCN form is sent to the US Army Corps of Engineers. A formal application and fee is not required unless DWQ decides that an Individual Certification will be required for the project. In this case, the applicant will be notified in writing from DWQ within 30 days of the receipt of the written notification. • Proposed fill or substantial modification of any amount of wetlands classified in accordance with 15A NCAC 2B.0101(e)(7) as Unique Wetlands (UWL) shall require written concurrence from the Division of Water Quality; 2. Impacts to any stream length in the Neuse, Tar-Pamlico or Randleman River Basins (or any other major river basins with Riparian Area Protection Rules [Buffer Rules] in effect at the time of application) requires written concurrence for this Certification from DWQ in accordance with 15A NCAC 26.0200. Activities listed as "exempt" from these rules do not need to apply for written concurrence under this Certification. New development activities located in the protected 50-foot wide riparian areas (whether jurisdictional wetlands or not) within the Neuse and Tar-Pamlico River Basins shall be limited to "uses" identified within and constructed in accordance with 15A NCAC 2B .0200. All new development shall be located, designed, constructed, and maintained to have minimal disturbance to protect water quality to the maximum extent practicable through the use of best management practices; 3. Irrespective of other application thresholds in this General Certification, all impacts to perennial waters and their associated buffers require written approval from DWQ since such impacts are allowable as provided in 15A NCAC 2B. 0212 (WS-1), 2B .0213 (WS-II), 2B.0214 (WS-III) and 2B .0215 (WS-IV). Only water dependent activities, public projects and structures with diminimus increases in impervious surfaces will be allowed as outlined in those rules. All other activities require a variance from the delegated local government and/or the NC Environmental Management Commission before the 401 Water Quality Certification can be processed. In addition, a 30 foot wide vegetative buffer for low density development or a 100 foot wide vegetative buffer for high density development WQC #3402 must be maintained adjacent to all perennial waters except for allowances as provided under the Water Supply Watershed Protection Rules. For the purposes of this condition, perennial waters are defined as those shown as perennial waters on the most recent USGS 1:24,000 topographic map or as otherwise determined by local government studies; 4. Additional site-specific stormwater management requirements may be added to this Certification at DWQ's discretion on a case by case basis for projects that have or are anticipated to have impervious cover of greater than 30 percent. Site-specific stormwater management shall be designed to remove 85% TSS according to the latest version of DWQ's Stormwater Best Management Practices manual at a minimum. Additionally, in watersheds within one mile and draining to 303(d) listed waters, as well as watersheds that are classified as nutrient sensitive waters (NSW), water supply waters (WS), trout waters Jr), high quality waters (HQW), and outstanding resource waters (ORW), the Division shall require that extended detention wetlands, bio-retention areas, and ponds followed by forested filter strips (designed according to latest version of the NC DENR Stormwater Best Management Practices Manual) be constructed as part of the stormwater management plan when a site-specific stormwater management plan is required. For streams classified as Water Supply, High Quality Waters and Outstanding Resource Waters, post-construction, on-site stormwater management shall be required as appropriate and as outlined in 15A NCAC 2B .0104(m) and 2H .1000 to .1007, respectively, in addition to that required in this General Certification. Alternative designs may be requested by the applicant and will be reviewed on a case-by- case basis by the Division of Water Quality. Approval of stormwater management plans by the Division of Water Quality's other existing state stormwater programs including appropriate local programs are sufficient to satisfy this Condition as long as the stormwater management plans meet or exceed the design requirements specified in this condition. This condition applies unless more stringent requirements are in effect from other state water quality programs. • Unless specified otherwise in the approval letter, the final, written stormwater management plan shall be approved in writing by the Division of Water Quality's Wetlands Unit before the impacts specified in this Certification occur. • The facilities must be designed to treat the runoff from the entire project, unless otherwise explicitly approved by the Division of Water Quality. • Also, before any permanent building or other structure is occupied at the subject site, the facilities (as approved by the Wetlands Unit) shall be constructed and operational, and the stormwater management plan (as approved by the Wetlands Unit) shall be implemented. • The structural stormwater practices as approved by the Wetlands Unit as well as drainage patterns must be maintained in perpetuity. • No changes to the structural stormwater practices shall be made without written authorization from the Division of Water Quality. 5. Compensatory stream mitigation shall be required at a 1:1 ratio for not only perennial but also intermittent stream impacts that require application to DWQ in watersheds classified as ORW, HQW, Tr, WS-1 and WS-II unless the project is a linear, publicly-funded transportation project, which has a 150-foot per-stream impact allowance; 6. In accordance with North Carolina General Statute Section 143-215.3D(e), any application for a 401 Water Quality Certification must include the appropriate fee. If a WQC #3402 project also requires a CAMA Permit, one payment to both agencies shall be submitted and will be the higher of the two fees; 7. In accordance with 15A NCAC 2H .0506 (h) compensatory mitigation may be required for impacts to 150 linear feet or more of streams and/or one acre or more of wetlands for an entire project. For linear public transportation projects, impacts equal to or exceeding 150 feet per stream may require mitigation. In addition, buffer mitigation may be required for any project with Riparian Area Protection Rules (Buffer Rules) in effect at the time of application for buffer impacts resulting from activities classified as "allowable with mitigation" within the "Table of Uses" section of the Buffer Rules or require a variance under the Buffer Rules. A determination of buffer, wetland and stream mitigation requirements shall be made for any Certification for this Nationwide Permit. The most current design and monitoring protocols from DWQ shall be followed and written plans submitted for DWQ approval as required in those protocols. When compensatory mitigation is required for a project, the mitigation plans must be approved by DWQ in writing before the impacts approved by the Certification occur, unless otherwise specified in the approval letter. The mitigation plan must be implemented and/or constructed before any permanent building or structure on site is occupied. In the case of public road projects, the mitigation plan must be implemented before the road is opened to the travelling public. Please note that if a stream relocation is conducted as a stream restoration as defined in The Internal Technical Guide for Stream Work in North Carolina , April 2001, the restored length can be used as compensatory mitigation for the impacts resulting from the relocation; 8. For any project involving re-alignment of streams, a stream relocation plan must be included with the 401 application for written DWQ approval. Relocated stream designs should include the same dimensions, patterns and profiles as the existing channel (or a stable reference reach if the existing channel is unstable), to the maximum extent practical. The new channel should be constructed in the dry and water shall not be turned into the new channel until the banks are stabilized. Vegetation used for bank stabilization shall be limited to native woody species, and should include establishment of a 30 foot wide wooded and an adjacent 20 foot wide vegetated buffer on both sides of the relocated channel to the maximum extent practical. A transitional phase incorporating coir fiber and seedling establishment is allowable. Also, rip-rap, A-Jacks, concrete, gabions or other hard structures may be allowed if it is necessary to maintain the physical integrity of the stream, but the applicant must provide written justification and any calculations used to determine the extent of rip-rap coverage requested. If suitable stream mitigation is not practical on-site, then stream impact will need to be mitigated elsewhere. Please note that if a stream relocation is conducted as a stream restoration as defined in The Internal Technical Guide for Stream Work in North Carolina , April 2001, the restored length can be used as compensatory mitigation for the impacts resulting from the relocation; 9. Placement of culverts and other structures in waters, streams, and wetlands must be placed below the elevation of the streambed to allow low flow passage of water and aquatic life unless it can be shown to DWQ that providing passage would be impractical. Design and placement of culverts including open bottom or bottomless arch culverts and other structures including temporary erosion control measures shall not be conducted in a manner that may result in aggradation, degradation or significant changes in hydrology of wetlands or stream beds or banks, adjacent to or upstream and down stream of the above structures. The applicant is required to provide evidence that the equilibrium shall be maintained if requested to do so in writing by DWQ. Additionally, when roadways, causeways or other fill projects are constructed across FEMA-designated floodways or wetlands, openings such as culverts or bridges must be provided to maintain the natural hydrology of the system as well as prevent constriction of the floodway that may result in aggradation, degradation or significant changes in hydrology of streams or wetlands; WQC #3402 10. That appropriate sediment and erosion control practices which equal or exceed those outlined in the most recent version of the "North Carolina Sediment and Erosion Control Planning and Design Manual" or the "North Carolina Surface Mining Manual" whichever is more appropriate (available from the Division of Land Resources (DLR) in the DENR Regional or Central Offices) shall be in full compliance with all specifications governing the proper design, installation and operation and maintenance of such Best Management Practices in order to assure compliance with the appropriate turbidity water quality standard; 11. All sediment and erosion control measures placed in wetlands and waters shall be removed and the original grade restored within two months after the Division of Land Resources has released the project; 12. That additional site-specific conditions may be added to projects proposed under this Certification in order to ensure compliance with all applicable water quality and effluent standards; 13. Measures shall be taken to prevent live or fresh concrete from coming into contact with waters of the state until the concrete has hardened; 14. If an environmental document is required, this Certification is not valid until a Finding of No Significant Impact (FONSI) or Record of Decision (ROD) is issued by the State Clearinghouse; 15. If this Certification is used to access building sites, all lots owned by the applicant must be buildable without additional fill beyond that explicitly allowed under other General Certifications. The applicant is required to provide evidence that the lots are buildable without requiring additional impacts to wetlands, waters or buffers if required to do so in writing by DWQ. For road construction purposes, this Certification shall only be utilized from natural high ground to natural high ground; 16. Deed notifications or similar mechanisms shall be placed on all lots with remaining jurisdictional wetlands and waters or areas within 50 feet of all streams and ponds. These mechanisms shall be put in place within 30 days of the date of issuance of the 401 Certification letter or the issuance of the 404 Permit (whichever is later). A sample deed notification format can be downloaded from the 401/Wetlands Unit web site at http://h2o.enr.state.nc.us/ncwetiands . DWQ shall be sent copies of all deed restrictions applied to these lots; 17. When written concurrence is required, the applicant is required to use the most recent version of the Certification of Completion form to notify DWQ when all work included in the 401 Certification has been completed; 18. Concurrence from DWQ that this Certification applies to an individual project shall expire three years from the date of the cover letter from DWQ or on the same day as the expiration date of the corresponding Nationwide Permit 18, 39, 41, 42, 43 or 44, whichever is sooner. WQC #3402 Non-compliance with or violation of the conditions herein set forth by a specific fill project may result in revocation of this Certification for the project and may also result in criminal and/or civil penalties. The Director of the North Carolina Division of Water Quality may require submission of a formal application for Individual Certification for any project in this category of activity that requires written concurrence under this certification, if it is determined that the project is likely to have a significant adverse effect upon water quality or degrade the waters so that existing uses of the wetland or downstream waters are precluded. Public hearings may be held for specific applications or group of applications prior to a Certification decision if deemed in the public's best interest by the Director of the North Carolina Division of Water Quality. Effective date: March 2003 DIVISION OF WATER QUALITY By Alan W. Klimek, P.E. Director WQC # 3402 Environmental Consultants, PA Road • Raleigh, North Carolina 27614 • Phone: (919) 846-5900 • Fax: (919) 846-9467 www.SandEC.com September 29, 2006 S&EC Project # 9881.wl DWQ Project #06-1102 NCDENR-DWQ Attn: Ms. Cyndi Karoly 2321 Crabtree Blvd. Parkview Building Raleigh, NC 27604 RE: Response to the NCDWQ's Notice of Withdrawal Roslin Farms Hoke County Dear Ms. Karoly: a?•(t? UU OCT 1 2006 DE!,'R-V V" TER ?' .TcR BR,^J;CH On July 6, 2006 we submitted a permit application package to the US Army Corps of Engineers (USACE) requesting written concurrence to proceed utilizing Nationwide Permits 14 & 18 for proposed impacts to jurisdictional features. With this application, we copied the NCDWQ with two (2) copies of the application and supplemental information to satisfy the required notification for utilizing Water Quality Certification (WQC) 3402, when using NWP 18, which does not require written approval from the NC-DWQ. On July 25, 2006 we received a request for additional information from the NC-DWQ dated July 19, 2006. This letter specifically requested a revised Pre-Construction Notification (PCN) Application, five (5) copies of this revised PCN and the appropriate fee of $200.00 for the written concurrence to utilized WQC 3404 (NWP 14). No further information was requested in this letter for the use of WQC 3402 (NWP 18). On August 2, 2006, we responded with a revised PCN, submitted five (5) copies and the appropriate fee of $200.00. On August 21, 2006 we received a second request for additional information dated August 15, 2006. In this letter the avoidance of impacts resulting from ditches #1 and #2 was requested. These impacts are being requested utilizing WQC 3402 (NWT 18). Because the requested combined impacts to "Waters of the State" are less than 150 linear feet of stream and less than 1/3 acre of wetlands (project east of I-95) and an individual certification was not requested by the director of the NCDWQ, no written concurrence for proposed impacts resulting from NWP 18 is required from the NCDWQ. You additionally, requested that the Carolina Bay be shown on the plan sheet. The Carolina Bay is not going to be impacted,and is being preserved as "open space," however on September 5, 2006 S&EC sent you an overall map indicating the location of the un-impacted Carolina Bay. On September 12, 2006 we received a Notice of Withdrawal dated September 11, 2006. The letter stated that we did not provide the requested information as follows. "This office believes that the ditches labeled on the plans as "ditch No. 2 and Ditch No. 3" are not required and impacts to the wetlands should be avoided. Please revise the plans to avoid the impacts." As previously stated the ditching impacts were requested utilizing WQC# 3402 (NWP 18). Because the project is located east of I-95, approval from the NC-DWQ is not required for wetland impacts uiilizing NWP 18 when overall project impacts are less than 1/3 of an acre or less than 150 linear feet. We do understand that when using NWP 18 written notification to DWQ is required. According to WQC # 3402 the notification requirement is satisfied by providing two copies of the PCN form to the DWQ at the same time that the PCN forni is sent to the US Army Corps of Engineers. This requirement was satisfied in the initial submittal to the NC-DWQ on July 6, 2006, and therefore the impacts requesting the use of MVP 18 has been completed as permitted by the USACE. Charlotte Off-ice: 236 LePhillip Court, Suite C Concord, NC 28025 Phone: (704) 720-9405 Fax: (704) 720-9406 Greensboro Office: 3817-E Lawndale Drive Greensboro, NC 27455 Phone: (336) 540-8234 Fax: (336) 540-8235 Because the written notification to the DWQ was satisfied in July and an individual certification was not requested within 30 days of the receipt of the written notification, S&EC feels that all of the necessary requirements for WQC #3402 have been met. Secondarily, because WQC #3402 was completely satisfied in July the overall application submittal including the request for WQC # 3404 (NWP 14) should not have been withdrawn. At this time we are currently requesting that the NC-DWQ process our application for WQC 93404 (NWP 14) including the requested information which was provided by S&EC on September 5`h, 2006. We assume that because the application was unnecessarily withdrawn that the application fee for the authorization of WQC# 3404 will not be required. Please call or email me at CFloiversPSandF.C.con: if you have any questions. Sincerely, Chris Flowers Wetland Scientist Attachments: WQC 3402 (copy) WQC #3402 GENERAL CERTIFICATION FOR PROJECTS ELIGIBLE FOR CORPS OF ENGINEERS NATIONWIDE PERMIT NUMBERS 18 (MINOR DISCHARGES) 39 (RESIDENTIAL, COMMERCIAL AND INSTITUTIONAL DEVELOPMENTS), 41 (RESHAPING EXISTING DRAINAGE DITCHES), 42 (RECREATIONAL FACILITIES). 43 (STORMWATER MANAGEMENT FACILITIES) AND 44 (MINING ACTIVITIES), AND RIPARIAN AREA PROTECTION RULES (BUFFER RULES) This General Certification is issued in conformity with the requirements of Section 401, Public Laws 92-500 and 95-217 of the United States and subject to the North Carolina Division of Water Quality (DWQ) Regulations in 15A NCAC 2H, Section.0500 and 15A NCAC 26 .0200 for the discharge of fill material to waters and adjacent wetland areas or to wetland areas that are not a part of the surface tributary system to interstate waters or navigable waters of the United States (i.e., isolated wetlands) as described in 33 CFR 330 Appendix A (B) (18, 39, 41, 42, 43 and 44) of the Corps of Engineers regulations (i.e., Nationwide Permit No. 39) and for the Riparian Area Protection Rules (Buffer Rules) in 15A NCAC 2B .0200. This Certification replaces Water Quality Certification Numbers 3106 and 3108 issued on February 11, 1997, and Water Quality Certification Number 3287 issued on June 1, 2000 and Water Quality Certification Number 3362 issued March 18, 2002. This WQC is rescinded when the Corps of Engineers re-authorizes Nationwide Permits 18, 39, 41, 42, 43 or 44 or when deemed appropriate by the Director of DWQ. The State of North Carolina certifies that the specified category of activity will not violate applicable portions of Sections 301, 302, 303, 306 and 307 of the Public Laws 92-500 and 95-217 if conducted in accordance with the conditions hereinafter set forth. Conditions of Certification: 1. Enumerating and Reporting of Impacts: • Streams - Impacts to streams as determined by the Division of Water Quality shall be measured as length of the centerline of the normal flow channel. Permanent and/or temporary stream impacts shall be enumerated on the entire project for all impacts regardless of which 404 Nationwide Permits are used. Stream relocations and stream bed and/or bank hardening are considered to be permanent stream impacts. Any activity that results in a loss of use of stream functions including but not limited to filling, relocating, flooding, excavation, dredging and complete shading shall be considered stream impacts. Enumeration of impacts to streams shall include streams enclosed by bottomless culverts, bottomless arches or other spanning structures when a 404 Permit is used anywhere in a project unless the entire structure (including construction impacts) spans the entire bed and both banks of the stream, is only used for a road, driveway or path crossing, and is not mitered to follow the stream pattern. Impacts for dam footprints and flooding will count toward the threshold for stream impacts, but flooding upstream of the dam will not (as long as no filling, excavation, relocation or other modification of the existing stream dimension, pattern or profile occurs) count towards mitigation requirements. Any filling, excavation, relocation or other modification of the existing stream (other than flooding) must re-establish the same dimensions, patterns and profiles of the existing channel (or those of a stable reference reach if the existing channel is unstable) to the maximum extent practical. • Wetlands - Impacts to wetlands as determined by the Division of Water Quality shall be measured as area. Permanent and/or temporary wetland impacts shall be enumerated on the entire project for all impacts regardless of which 404 Nationwide Permits are used. Any activity that results in a loss of use of wetland functions including but not limited to filling, excavating, draining, and flooding shall be considered wetland impacts. Enumeration of impacts to wetlands shall include activities that change the hydrology of a wetland when a 404 Permit is used anywhere in a project. WQC #3402 • Lakes and Ponds - Impacts to waters other than streams and wetlands as determined by the Division of Water Quality shall be measured as area. Permanent and/or temporary water impacts shall be enumerated on the entire project for all impacts proposed regardless of which 404 Nationwide Permits are used. Any activity that results in a loss of use of aquatic functions including but not limited to filling and dredging shall be considered waters impacts. Application Thresholds - Stream, wetland and water impacts that exceed any of the thresholds below require a complete application and written concurrence to use this Certification: • Total stream impacts of greater or equal to 150 cumulative feet of stream length for the entire project require written notification to and approval by the Division of Water Quality, and/or • Impacts to waters of equal to or greater than 1/3 of an acre require written notification to and approval by the Division of Water Quality, and/or • Wetland impacts of greater or equal to 1/3 of an acre east of 1-95 and 1/10 of an acre west of 1-95 require written notification to and approval by the Division of Water Quality except as specified below. Any impacts to wetlands adjacent to waters designated as ORW, SA, WS-1, WS-II or Trout or are designated as a North Carolina or National Wild and Scenic River and wetlands classified as SWL and/or UWL as well as wetlands described in 15A NCAC 2H .0506 (e) require a complete application and written concurrence from the Division of Water Quality to use this Certification. These thresholds apply for the entire project regardless of the number of Nationwide Permits applicable to the Certification that are issued by the USACE for the project; • Written notification to DWQ is required for all applications that propose to use Nationwide Permit 18. This notification requirement will be satisfied by providing two (2) copies of the PCN form to DWQ at the same time that the PCN form is sent to the US Army Corps of Engineers. A formal application and fee is not required unless DWQ decides that an Individual Certification will be required for the project. In this case, the applicant will be notified in writing from DWQ within 30 days of the receipt of the written notification. • Proposed fill or substantial modification of any amount of wetlands classified in accordance with 15A NCAC 2B.0101(e)(7) as Unique Wetlands (UWL) shall require written concurrence from the Division of Water Quality; 2. Impacts to any stream length in the Neuse, Tar-Pamlico or Randleman River Basins (or any other major river basins with Riparian Area Protection Rules [Buffer Rules] in effect at the time of application) requires written concurrence for this Certification from DWQ in accordance with 15A NCAC 2B.0200. Activities listed as "exempt" from these rules do not need to apply for written concurrence under this Certification. New development activities located in the protected 50-foot wide riparian areas (whether jurisdictional wetlands or not) within the Neuse and Tar-Pamlico River Basins shall be limited to "uses" identified within and constructed in accordance with 15A NCAC 2B .0200. All new development shall be located, designed, constructed, and maintained to have minimal disturbance to protect water quality to the maximum extent practicable through the use of best management practices; 3. Irrespective of other application thresholds in this General Certification, all impacts to perennial waters and their associated buffers require written approval from DWQ since such impacts are allowable as provided in 15A NCAC 2B. 0212 (WS-1), 213.0213 (WS-II), 2B .0214 (WS-III) and 213.0215 (WS-IV). Only water dependent activities, public projects and structures with diminimus increases in impervious surfaces will be allowed as outlined in those rules. All other activities require a variance from the delegated local government and/or the NC Environmental Management Commission before the 401 Water Quality Certification can be processed. In addition, a 30 foot wide vegetative buffer for low density development or a 100 foot wide vegetative buffer for high density development WQC #3402 must be maintained adjacent to all perennial waters except for allowances as provided under the Water Supply Watershed Protection Rules. For the purposes of this condition, perennial waters are defined as those shown as perennial waters on the most recent USGS 1:24,000 topographic map or as otherwise determined by local government studies; 4. Additional site-specific stormwater management requirements may be added to this Certification at DWQ's discretion on a case by case basis for projects that have or are anticipated to have impervious cover of greater than 30 percent. Site-specific stormwater management shall be designed to remove 85% TSS according to the latest version of DWQ's Stormwater Best Management Practices manual at a minimum. Additionally, in watersheds within one mile and draining to 303(d) listed waters, as well as watersheds that are classified as nutrient sensitive waters (NSW), water supply waters (WS), trout waters Jr), high quality waters (HQW), and outstanding resource waters (ORW), the Division shall require that extended detention wetlands, bio-retention areas, and ponds followed by forested filter strips (designed according to latest version of the NC DENR Stormwater Best Management Practices Manual) be constructed as part of the stormwater management plan when a site-specific stormwater management plan is required. For streams classified as Water Supply, High Quality Waters and Outstanding Resource Waters, post-construction, on-site stormwater management shall be required as appropriate and as outlined in 15A NCAC 2B.0104(m) and 2H .1000 to.1007, respectively, in addition to that required in this General Certification. Alternative designs may be requested by the applicant and will be reviewed on a case-by- case basis by the Division of Water Quality. Approval of stormwater management plans by the Division of Water Quality's other existing state stormwater programs including appropriate local programs are sufficient to satisfy this Condition as long as the stormwater management plans meet or exceed the design requirements specified in this condition. This condition applies unless more stringent requirements are in effect from other state water quality programs. • Unless specified otherwise in the approval letter, the final, written stormwater management plan shall be approved in writing by the Division of Water Quality's Wetlands Unit before the impacts specified in this Certification occur. • The facilities must be designed to treat the runoff from the entire project, unless otherwise explicitly approved by the Division of Water Quality. • Also, before any permanent building or other structure is occupied at the subject site, the facilities (as approved by the Wetlands Unit) shall be constructed and operational, and the stormwater management plan (as approved by the Wetlands Unit) shall be implemented. • The structural stormwater practices as approved by the Wetlands Unit as well as drainage patterns must be maintained in perpetuity. • No changes to the structural stormwater practices shall be made without written authorization from the Division of Water Quality. 5. Compensatory stream mitigation shall be required at a 1:1 ratio for not only perennial but also intermittent stream impacts that require application to DWQ in watersheds classified as ORW, HQW, Tr, WS-I and WS-II unless the project is a linear, publicly-funded transportation project, which has a 150-foot per-stream impact allowance; 6. In accordance with North Carolina General Statute Section 143-215.3D(e), any application for a 401 Water Quality Certification must include the appropriate fee. If a WQC #3402 project also requires a CAMA Permit, one payment to both agencies shall be submitted and will be the higher of the two fees; 7. In accordance with 15A NCAC 2H .0506 (h) compensatory mitigation may be required for impacts to 150 linear feet or more of streams and/or one acre or more of wetlands for an entire project. For linear public transportation projects, impacts equal to or exceeding 150 feet per stream may require mitigation. In addition, buffer mitigation may be required for any project with Riparian Area Protection Rules (Buffer Rules) in effect at the time of application for buffer impacts resulting from activities classified as "allowable with mitigation" within the "Table of Uses" section of the Buffer Rules or require a variance under the Buffer Rules. A determination of buffer, wetland and stream mitigation requirements shall be made for any Certification for this Nationwide Permit. The most current design and monitoring protocols from DWQ shall be followed and written plans submitted for DWQ approval as required in those protocols. When compensatory mitigation is required for a project, the mitigation plans must be approved by DWQ in writing before the impacts approved by the Certification occur, unless otherwise specified in the approval letter. The mitigation plan must be implemented and/or constructed before any permanent building or structure on site is occupied. In the case of public road projects, the mitigation plan must be implemented before the road is opened to the travelling public. Please note that if a stream relocation is conducted as a stream restoration as defined in The Internal Technical Guide for Stream Work in North Carolina , April 2001, the restored length can be used as compensatory mitigation for the impacts resulting from the relocation; For any project involving re-alignment of streams, a stream relocation plan must be included with the 401 application for written DWQ approval. Relocated stream designs should include the same dimensions, patterns and profiles as the existing channel (or a stable reference reach if the existing channel is unstable), to the maximum extent practical. The new channel should be constructed in the dry and water shall not be turned into the new channel until the banks are stabilized. Vegetation used for bank stabilization shall be limited to native woody species, and should include establishment of a 30 foot wide wooded and an adjacent 20 foot wide vegetated buffer on both sides of the relocated channel to the maximum extent practical. A transitional phase incorporating coir fiber and seedling establishment is allowable. Also, rip-rap, A-Jacks, concrete, gabions or other hard structures may be allowed if it is necessary to maintain the physical integrity of the stream, but the applicant must provide written justification and any calculations used to determine the extent of rip-rap coverage requested. If suitable stream mitigation is not practical on-site, then stream impact will need to be mitigated elsewhere. Please note that if a stream relocation is conducted as a stream restoration as defined in The Internal Technical Guide for Stream Work in North Carolina , April 2001, the restored length can be used as compensatory mitigation for the impacts resulting from the relocation; 9. Placement of culverts and other structures in waters, streams, and wetlands must be placed below the elevation of the streambed to allow low flow passage of water and aquatic life unless it can be shown to DWQ that providing passage would be impractical. Design and placement of culverts including open bottom or bottomless arch culverts and other structures including temporary erosion control measures shall not be conducted in a manner that may result in aggradation, degradation or significant changes in hydrology of wetlands or stream beds or banks, adjacent to or upstream and down stream of the above structures. The applicant is required to provide evidence that the equilibrium shall be maintained if requested to do so in writing by DWQ. Additionally, when roadways, causeways or other fill projects are constructed across FEMA-designated floodways or wetlands, openings such as culverts or bridges must be provided to maintain the natural hydrology of the system as well as prevent constriction of the floodway that may result in aggradation, degradation or significant changes in hydrology of streams or wetlands; WQC #3402 10. That appropriate sediment and erosion control practices which equal or exceed those outlined in the most recent version of the "North Carolina Sediment and Erosion Control Planning and Design Manual" or the "North Carolina Surface Mining Manual" whichever is more appropriate (available from the Division of Land Resources (DLR) in the DENR Regional or Central Offices) shall be in full compliance with all specifications governing the proper design, installation and operation and maintenance of such Best Management Practices in order to assure compliance with the appropriate turbidity water quality standard; 11. All sediment and erosion control measures placed in wetlands and waters shall be removed and the original grade restored within two months after the Division of Land Resources has released the project; 12. That additional site-specific conditions may be added to projects proposed under this Certification in order to ensure compliance with all applicable water quality and effluent standards; 13. Measures shall be taken to prevent live or fresh concrete from coming into contact with waters of the state until the concrete has hardened; 14. If an environmental document is required, this Certification is not valid until a Finding of No Significant Impact (FONSI) or Record of Decision (ROD) is issued by the State Clearinghouse; 15. If this Certification is used to access building sites, all lots owned by the applicant must be buildable without additional fill beyond that explicitly allowed under other General Certifications. The applicant is required to provide evidence that the lots are buildable without requiring additional impacts to wetlands, waters or buffers if required to do so in writing by DWQ. For road construction purposes, this Certification shall only be utilized from natural high ground to natural high ground; 16. Deed notifications or similar mechanisms shall be placed on all lots with remaining jurisdictional wetlands and waters or areas within 50 feet of all streams and ponds. These mechanisms shall be put in place within 30 days of the date of issuance of the 401 Certification letter or the issuance of the 404 Permit (whichever is later). A sample deed notification format can be downloaded from the 401/Wetlands Unit web site at http://h2o.enr.state.nc.us/ncwetlands . DWQ shall be sent copies of all deed restrictions applied to these lots; 17. When written concurrence is required, the applicant is required to use the most recent version of the Certification of Completion form to notify DWQ when all work included in the 401 Certification has been completed; 18. Concurrence from DWQ that this Certification applies to an individual project shall expire three years from the date of the cover letter from DWQ or on the same day as the expiration date of the corresponding Nationwide Permit 18, 39, 41, 42, 43 or 44, whichever is sooner. WQC #3402 Non-compliance with or violation of the conditions herein set forth by a specific fill project may result in revocation of this Certification for the project and may also result in criminal and/or civil penalties. The Director of the North Carolina Division of Water Quality may require submission of a formal application for Individual Certification for any project in this category of activity that requires written concurrence under this certification, if it is determined that the project is likely to have a significant adverse effect upon water quality or degrade the waters so that existing uses of the wetland or downstream waters are precluded. Public hearings may be held for specific applications or group of applications prior to a Certification decision if deemed in the public's best interest by the Director of the North Carolina Division of Water Quality. Effective date: March 2003 DIVISION OF WATER QUALITY By Alan W. Klimek, P.E. Director WQC # 3402 Environmental Consultants, PA Road • Raleigh, North Carolina 27614 • Phone: (919) 846-5900 • Fax: (919) 846-9467 www.SandECs.com September 29, 2006 S&EC Project # 9881.wl DWQ Project #06-1102 NCDENR-DWQ Attn: Ms. Cyndi Karoly 2321 Crabtree Blvd. Parkview Building Raleigh, NC 27604 RE: Response to the NCDWQ's Notice of Withdrawal Roslin Farms Hoke County Dear Ms. Karoly: ? :. fc t .? P I OCT I 1 2006 UEi,,'R - V,VJER QUALITY 1?cTU,F.p? f',=; p STC:4=,i?'J .TER ERA,';CH On July 6, 2006 we submitted a permit application package to the US Army Corps of Engineers (USACE) requesting written concurrence to proceed utilizing Nationwide Permits 14 & 18 for proposed impacts to jurisdictional features. With this application, we copied the NCDWQ with two (2) copies of the application and supplemental information to satisfy the required notification for utilizing Water Quality Certification (WQC) 3402, when using NWP 18, which does not require written approval from the NC-DWQ. On July 25, 2006 we received a request for additional information from the NC-DWQ dated July 19, 2006. This letter specifically requested a revised Pre-Construction Notification (PCN) Application, five (5) copies of this revised PCN and the appropriate fee of $200.00 for the written concurrence to utilized WQC 3404 (NWP 14). No further information was requested in this letter for the use of WQC 3402 (NWT 18). On August 2, 2006, we responded with a revised PCN, submitted five (5) copies and the appropriate fee of $200.00. On August 21, 2006 we received a second request for additional information dated August 15, 2006. In this letter the avoidance of impacts resulting from ditches #1 and #2 was requested. These impacts are being requested utilizing WQC 3402 (NWT 18). Because the requested combined impacts to "Waters of the State" are less than 150 linear feet of stream and less than 1/3 acre of wetlands (project east of I-95) and an individual certification was not requested by the director of the NCDWQ, no written concurrence for proposed impacts resulting from NWP 18 is required from the NCDWQ. You additionally, requested that the Carolina Bay be shown on the plan sheet. The Carolina Bay is not going to be impacted,and is being preserved as "open space," however on September 5, 2006 S&EC sent you an overall map indicating the location of the un-impacted Carolina Bay. On September 12, 2006 we received a Notice of Withdrawal dated September 11, 2006. The letter stated that we did not provide the requested information as follows. "Thus office believes that the ditches labeled on the plans as "ditch No. 2 and Ditch No. 3" are not required and impacts to the wetlands should be avoided. Please revise the plans to avoid the impacts." As previously stated the ditching impacts were requested utilizing WQC# 3402 (NWT 18). Because the project is located east of I-95, approval from the NC-DWQ is not required for wetland impacts uiilizing MVP 18 when overall project impacts are less than 1/3 of an acre or less than 150 linear feet. We do understand that when using NWP 18 written notification to DWQ is required. According to WQC # 3402 the notification requirement is satisfied by providing two copies of the PCN form to the DWQ at the same time that the PCN form is sent to the US Army Corps of Engineers. This requirement was satisfied in the initial submittal to the NC-DWQ on July 6, 2006, and therefore the impacts requesting the use of NWP 18 has been completed as permitted by the USACE. Charlotte Office: 236 LePhillip Court, Suite C Concord, NC 28025 Phone: (704) 720-9405 Fax: (704) 720-9406 Greensboro Office: 3817-E Lawndale Drive Greensboro, NC 27455 Phone: (336) 540-8234 Fax: (336) 540-8235 Because the written notification to the DWQ was satisfied in July and an individual certification was not requested within 30 days of the receipt of the written notification, S&EC feels that all of the necessary requirements for WQC #3402 have been met. Secondarily, because WQC #3402 was completely satisfied in July the overall application submittal including the request for WQC # 3404 (NWP 14) should not have been withdrawn. At this time we are currently requesting that the NC-DWQ process our application for WQC #3404 (NWP 14) including the requested information which was provided by S&EC on September 5 h, 2006. We assume that because the application was unnecessarily withdrawn that the application fee for the authorization of WQC# 3404 will not be required. Please call or email me at CRoiver.<a).SnndEC.con: if you have any questions. Sincerely, 7? Chris Flowers Wetland Scientist Attachments: WQC 3402 (copy) WQC #3402 GENERAL CERTIFICATION FOR PROJECTS ELIGIBLE FOR CORPS OF ENGINEERS NATIONWIDE PERMIT NUMBERS 18 (MINOR DISCHARGES) 39 RESIDENTIAL, COMMERCIAL AND INSTITUTIONAL DEVELOPMENTS), 41 (RESHAPING EXISTING DRAINAGE DITCHES), 42 (RECREATIONAL FACILITIES), 43 (STORMWATER MANAGEMENT FACILITIES) AND 44 (MINING ACTIVITIES), AND RIPARIAN AREA PROTECTION RULES (BUFFER RULES) This General Certification is issued in conformity with the requirements of Section 401, Public Laws 92-500 and 95-217 of the United States and subject to the North Carolina Division of Water Quality (DWQ) Regulations in 15A NCAC 2H, Section .0500 and 15A NCAC 26 .0200 for the discharge of fill material to waters and adjacent wetland areas or to wetland areas that are not a part of the surface tributary system to interstate waters or navigable waters of the United States (i.e., isolated wetlands) as described in 33 CFR 330 Appendix A (B) (18, 39, 41, 42, 43 and 44) of the Corps of Engineers regulations (i.e., Nationwide Permit No. 39) and for the Riparian Area Protection Rules (Buffer Rules) in 15A NCAC 2B .0200. This Certification replaces Water Quality Certification Numbers 3106 and 3108 issued on February 11, 1997, and Water Quality Certification Number 3287 issued on June 1, 2000 and Water Quality Certification Number 3362 issued March 18, 2002. This WQC is rescinded when the Corps of Engineers re-authorizes Nationwide Permits 18, 39, 41, 42, 43 or 44 or when deemed appropriate by the Director of DWQ. The State of North Carolina certifies that the specified category of activity will not violate applicable portions of Sections 301, 302, 303, 306 and 307 of the Public Laws 92-500 and 95-217 if conducted in accordance with the conditions hereinafter set forth. Conditions of Certification: 1. Enumerating and Reporting of Impacts: • Streams - Impacts to streams as determined by the Division of Water Quality shall be measured as length of the centerline of the normal flow channel. Permanent and/or temporary stream impacts shall be enumerated on the entire project for all impacts regardless of which 404 Nationwide Permits are used. Stream relocations and stream bed and/or bank hardening are considered to be permanent stream impacts. Any activity that results in a loss of use of stream functions including but not limited to filling, relocating, flooding, excavation, dredging and complete shading shall be considered stream impacts. Enumeration of impacts to streams shall include streams enclosed by bottomless culverts, bottomless arches or other spanning structures when a 404 Permit is used anywhere in a project unless the entire structure (including construction impacts) spans the entire bed and both banks of the stream, is only used for a road, driveway or path crossing, and is not mitered to follow the stream pattern. Impacts for dam footprints and flooding will count toward the threshold for stream impacts, but flooding upstream of the dam will not (as long as no filling, excavation, relocation or other modification of the existing stream dimension, pattern or profile occurs) count towards mitigation requirements. Any filling, excavation, relocation or other modification of the existing stream (other than flooding) must re-establish the same dimensions, patterns and profiles of the existing channel (or those of a stable reference reach if the existing channel is unstable) to the maximum extent practical. • Wetlands - Impacts to wetlands as determined by the Division of Water Quality shall be measured as area. Permanent and/or temporary wetland impacts shall be enumerated on the entire project for all impacts regardless of which 404 Nationwide Permits are used. Any activity that results in a loss of use of wetland functions including but not limited to filling, excavating, draining, and flooding shall be considered wetland impacts. Enumeration of impacts to wetlands shall include activities that change the hydrology of a wetland when a 404 Permit is used anywhere in a project. WQC #3402 • Lakes and Ponds - Impacts to waters other than streams and wetlands as determined by the Division of Water Quality shall be measured as area. Permanent and/or temporary water impacts shall be enumerated on the entire project for all impacts proposed regardless of which 404 Nationwide Permits are used. Any activity that results in a loss of use of aquatic functions including but not limited to filling and dredging shall be considered waters impacts. Application Thresholds - Stream, wetland and water impacts that exceed any of the thresholds below require a complete application and written concurrence to use this Certification: • Total stream impacts of greater or equal to 150 cumulative feet of stream length for the entire project require written notification to and approval by the Division of Water Quality, and/or • Impacts to waters of equal to or greater than 1/3 of an acre require written notification to and approval by the Division of Water Quality, and/or • Wetland impacts of greater or equal to 1/3 of an acre east of 1-95 and 1/10 of an acre west of 1-95 require written notification to and approval by the Division of Water Quality except as specified below. Any impacts to wetlands adjacent to waters designated as ORW, SA, WS-I, WS-11 or Trout or are designated as a North Carolina or National Wild and Scenic River and wetlands classified as SWL and/or UWL as well as wetlands described in 15A NCAC 2H .0506 (e) require a complete application and written concurrence from the Division of Water Quality to use this Certification. These thresholds apply for the entire project regardless of the number of Nationwide Permits applicable to the Certification that are issued by the USACE for the project; • Written notification to DWQ is required for all applications that propose to use Nationwide Permit 18. This notification requirement will be satisfied by providing two (2) copies of the PCN form to DWQ at the same time that the PCN form is sent to the US Army Corps of Engineers. A formal application and fee is not required unless DWQ decides that an Individual Certification will be required for the project. In this case, the applicant will be notified in writing from DWQ within 30 days of the receipt of the written notification. • Proposed fill or substantial modification of any amount of wetlands classified in accordance with 15A NCAC 2B.0101(e)(7) as Unique Wetlands (UWL) shall require written concurrence from the Division of Water Quality; 2. Impacts to any stream length in the Neuse, Tar-Pamlico or Randleman River Basins (or any other major river basins with Riparian Area Protection Rules [Buffer Rules] in effect at the time of application) requires written concurrence for this Certification from DWQ in accordance with 15A NCAC 26.0200. Activities listed as "exempt" from these rules do not need to apply for written concurrence under this Certification. New development activities located in the protected 50-foot wide riparian areas (whether jurisdictional wetlands or not) within the Neuse and Tar-Pamlico River Basins shall be limited to "uses" identified within and constructed in accordance with 15A NCAC 2B .0200. All new development shall be located, designed, constructed, and maintained to have minimal disturbance to protect water quality to the maximum extent practicable through the use of best management practices; 3. Irrespective of other application thresholds in this General Certification, all impacts to perennial waters and their associated buffers require written approval from DWQ since such impacts are allowable as provided in 15A NCAC 2B. 0212 (WS-1), 213.0213 (WS-II), 2B .0214 (WS-III) and 213.0215 (WS-IV). Only water dependent activities, public projects and structures with diminimus increases in impervious surfaces will be allowed as outlined in those rules. All other activities require a variance from the delegated local government and/or the NC Environmental Management Commission before the 401 Water Quality Certification can be processed. In addition, a 30 foot wide vegetative buffer for low density development or a 100 foot wide vegetative buffer for high density development WQC #3402 must be maintained adjacent to all perennial waters except for allowances as provided under the Water Supply Watershed Protection Rules. For the purposes of this condition, perennial waters are defined as those shown as perennial waters on the most recent USGS 1:24,000 topographic map or as otherwise determined by local government studies; 4. Additional site-specific stormwater management requirements may be added to this Certification at DWQ's discretion on a case by case basis for projects that have or are anticipated to have impervious cover of greater than 30 percent. Site-specific stormwater management shall be designed to remove 85% TSS according to the latest version of DWQ's Stormwater Best Management Practices manual at a minimum. Additionally, in watersheds within one mile and draining to 303(d) listed waters, as well as watersheds that are classified as nutrient sensitive waters (NSW), water supply waters (WS), trout waters Jr), high quality waters (HQW), and outstanding resource waters (ORW), the Division shall require that extended detention wetlands, bio-retention areas, and ponds followed by forested filter strips (designed according to latest version of the NC DENR Stormwater Best Management Practices Manual) be constructed as part of the stormwater management plan when a site-specific stormwater management plan is required. For streams classified as Water Supply, High Quality Waters and Outstanding Resource Waters, post-construction, on-site stormwater management shall be required as appropriate and as outlined in 15A NCAC 2B .0104(m) and 2H .1000 to .1007, respectively, in addition to that required in this General Certification. Alternative designs may be requested by the applicant and will be reviewed on a case-by- case basis by the Division of Water Quality. Approval of stormwater management plans by the Division of Water Quality's other existing state stormwater programs including appropriate local programs are sufficient to satisfy this Condition as long as the stormwater management plans meet or exceed the design requirements specified in this condition. This condition applies unless more stringent requirements are in effect from other state water quality programs. • Unless specified otherwise in the approval letter, the final, written stormwater management plan shall be approved in writing by the Division of Water Quality's Wetlands Unit before the impacts specified in this Certification occur. • The facilities must be designed to treat the runoff from the entire project, unless otherwise explicitly approved by the Division of Water Quality. • Also, before any permanent building or other structure is occupied at the subject site, the facilities (as approved by the Wetlands Unit) shall be constructed and operational, and the stormwater management plan (as approved by the Wetlands Unit) shall be implemented. • The structural stormwater practices as approved by the Wetlands Unit as well as drainage patterns must be maintained in perpetuity. • No changes to the structural stormwater practices shall be made without written authorization from the Division of Water Quality. 5. Compensatory stream mitigation shall be required at a 1:1 ratio for not only perennial but also intermittent stream impacts that require application to DWQ in watersheds classified as ORW, HQW, Tr, WS-1 and WS-II unless the project is a linear, publicly-funded transportation project, which has a 150-foot per-stream impact allowance; 6. In accordance with North Carolina General Statute Section 143-215.3D(e), any application for a 401 Water Quality Certification must include the appropriate fee. If a WQC #3402 project also requires a CAMA Permit, one payment to both agencies shall be submitted and will be the higher of the two fees; In accordance with 15A NCAC 2H .0506 (h) compensatory mitigation may be required for impacts to 150 linear feet or more of streams and/or one acre or more of wetlands for an entire project. For linear public transportation projects, impacts equal to or exceeding 150 feet per stream may require mitigation. In addition, buffer mitigation may be required for any project with Riparian Area Protection Rules (Buffer Rules) in effect at the time of application for buffer impacts resulting from activities classified as "allowable with mitigation" within the "Table of Uses" section of the Buffer Rules or require a variance under the Buffer Rules. A determination of buffer, wetland and stream mitigation requirements shall be made for any Certification for this Nationwide Permit. The most current design and monitoring protocols from DWQ shall be followed and written plans submitted for DWQ approval as required in those protocols. When compensatory mitigation is required for a project, the mitigation plans must be approved by DWQ in writing before the impacts approved by the Certification occur, unless otherwise specified in the approval letter. The mitigation plan must be implemented and/or constructed before any permanent building or structure on site is occupied. In the case of public road projects, the mitigation plan must be implemented before the road is opened to the travelling public. Please note that if a stream relocation is conducted as a stream restoration as defined in The Internal Technical Guido for Stream Work in North Carolina , April 2001, the restored length can be used as compensatory mitigation for the impacts resulting from the relocation; 8. For any project involving re-alignment of streams, a stream relocation plan must be included with the 401 application for written DWQ approval. Relocated stream designs should include the same dimensions, patterns and profiles as the existing channel (or a stable reference reach if the existing channel is unstable), to the maximum extent practical. The new channel should be constructed in the dry and water shall not be turned into the new channel until the banks are stabilized. Vegetation used for bank stabilization shall be limited to native woody species, and should include establishment of a 30 foot wide wooded and an adjacent 20 foot wide vegetated buffer on both sides of the relocated channel to the maximum extent practical. A transitional phase incorporating coir fiber and seedling establishment is allowable. Also, rip-rap, A-Jacks, concrete, gabions or other hard structures may be allowed if it is necessary to maintain the physical integrity of the stream, but the applicant must provide written justification and any calculations used to determine the extent of rip-rap coverage requested. If suitable stream mitigation is not practical on-site, then stream impact will need to be mitigated elsewhere. Please note that if a stream relocation is conducted as a stream restoration as defined in The Internal Technical Guide for Stream Work in North Carolina , April 2001, the restored length can be used as compensatory mitigation for the impacts resulting from the relocation; 9. Placement of culverts and other structures in waters, streams, and wetlands must be placed below the elevation of the streambed to allow low flow passage of water and aquatic life unless it can be shown to DWQ that providing passage would be impractical. Design and placement of culverts including open bottom or bottomless arch culverts and other structures including temporary erosion control measures shall not be conducted in a manner that may result in aggradation, degradation or significant changes in hydrology of wetlands or stream beds or banks, adjacent to or upstream and down stream of the above structures. The applicant is required to provide evidence that the equilibrium shall be maintained if requested to do so in writing by DWQ. Additionally, when roadways, causeways or other fill projects are constructed across FEMA-designated floodways or wetlands, openings such as culverts or bridges must be provided to maintain the natural hydrology of the system as well as prevent constriction of the floodway that may result in aggradation, degradation or significant changes in hydrology of streams or wetlands; WQC #3402 10. That appropriate sediment and erosion control practices which equal or exceed those outlined in the most recent version of the "North Carolina Sediment and Erosion Control Planning and Design Manual" or the "North Carolina Surface Mining Manual" whichever is more appropriate (available from the Division of Land Resources (DLR) in the DENR Regional or Central Offices) shall be in full compliance with all specifications governing the proper design, installation and operation and maintenance of such Best Management Practices in order to assure compliance with the appropriate turbidity water quality standard; 11. All sediment and erosion control measures placed in wetlands and waters shall be removed and the original grade restored within two months after the Division of Land Resources has released the project; 12. That additional site-specific conditions may be added to projects proposed under this Certification in order to ensure compliance with all applicable water quality and effluent standards; 13. Measures shall be taken to prevent live or fresh concrete from coming into contact with waters of the state until the concrete has hardened; 14. If an environmental document is required, this Certification is not valid until a Finding of No Significant Impact (FONSI) or Record of Decision (ROD) is issued by the State Clearinghouse; 15. If this Certification is used to access building sites, all lots owned by the applicant must be buildable without additional fill beyond that explicitly allowed under other General Certifications. The applicant is required to provide evidence that the lots are buildable without requiring additional impacts to wetlands, waters or buffers if required to do so in writing by DWQ. For road construction purposes, this Certification shall only be utilized from natural high ground to natural high ground; 16. Deed notifications or similar mechanisms shall be placed on all lots with remaining jurisdictional wetlands and waters or areas within 50 feet of all streams and ponds. These mechanisms shall be put in place within 30 days of the date of issuance of the 401 Certification letter or the issuance of the 404 Permit (whichever is later). A sample deed notification format can be downloaded from the 401 /Wetlands Unit web site at http://h2o.enr.state.nc.us/ncwetiands . DWQ shall be sent copies of all deed restrictions applied to these lots; 17. When written concurrence is required, the applicant is required to use the most recent version of the Certification of Completion form to notify DWQ when all work included in the 401 Certification has been completed; 18. Concurrence from DWQ that this Certification applies to an individual project shall expire three years from the date of the cover letter from DWQ or on the same day as the expiration date of the corresponding Nationwide Permit 18, 39, 41, 42, 43 or 44, whichever is sooner. WQC #3402 Non-compliance with or violation of the conditions herein set forth by a specific fill project may result in revocation of this Certification for the project and may also result in criminal and/or civil penalties. The Director of the North Carolina Division of Water Quality may require submission of a formal application for Individual Certification for any project in this category of activity that requires written concurrence under this certification, if it is determined that the project is likely to have a significant adverse effect upon water quality or degrade the waters so that existing uses of the wetland or downstream waters are precluded. Public hearings may be held for specific applications or group of applications prior to a Certification decision if deemed in the public's best interest by the Director of the North Carolina Division of Water Quality. Effective date: March 2003 DIVISION OF WATER QUALITY By Alan W. Klimek, P.E. Director WQC # 3402 Environmental Consultants, PA Road • Raleigh, North Carolina 27614 • Phone: (919) 846-5900 • Fax: (919) 846-9467 www.SandEO-.com September 29, 2006 S&EC Project # 988 Lwl DWQ Project 06-1102 NCDENR-DWQ Attn: Ms. Cyndi Karoly 2321 Crabtree Blvd. Parkview Building Raleigh, NC 27604 RE: Response to the NCDWQ's Notice of Withdrawal Roslin Farms Hokc County Dear Ms. Karoly: OCT 1 1 2006 DE-11:k - V,VATEii CUALITY On July 6, 2006 we submitted a permit application package to the US Army Corps of Engineers (USACE) requesting written concurrence to proceed utilizing Nationwide Permits 14 & 18 for proposed impacts to jurisdictional features. With this application, we copied the NCDWQ with two (2) copies of the application and supplemental information to satisfy the required notification for utilizing Water Quality Certification (WQC) 3402, when using NWP 18, which does not require written approval from the NC-DWQ. On July 25, 2006 we received a request for additional information from the NC-DWQ dated July 19, 2006. This letter specifically requested a revised Pre-Construction Notification (PCN) Application, five (5) copies of this revised PCN and the appropriate fee of $200.00 for the written concurrence to utilized WQC 3404 (NWP 14). No further information was requested in this letter for the use of WQC 3402 (NWP 18). On August 2, 2006, we responded with a revised PCN, submitted five (5) copies and the appropriate fee of $200.00. On August 21, 2006 we received a second request for additional information dated August 15, 2006. In this letter the avoidance of impacts resulting from ditches #1 and #2 was requested. These impacts are being requested utilizing WQC 3402 (NWT 18). Because the requested combined impacts to "Waters of the State" are less than 150 linear feet of stream and less than 1/3 acre of wetlands (project east of I-95) and an individual certification was not requested by the director of the NCDWQ, no written concurrence for proposed impacts resulting from NWP 18 is required from the NCDWQ. You additionally, requested that the Carolina Bay be shown on the plan sheet. The Carolina Bay is not going to be impacted and is being preserved as "open space," however on September 5, 2006 S&EC sent you an overall map indicating the location of the un-impacted Carolina Bay. On September 12, 2006 we received a Notice of Withdrawal dated September 11, 2006. The letter stated that we did not provide the requested information as follows. "This office believes that the ditches labeled on the plans as "ditch No. 2 and Ditch No. 3" are not required and impacts to the wetlands should be avoided. Please revise the plans to avoid the impacts." As previously stated the ditching impacts were requested utilizing WQC# 3402 (NWT 18). Because die project is located east of I-95, approval from the NC-DWQ is not required for wetland impacts uiilizing NWP 18 when overall project impacts are less than 1/3 of an acre or less than 150 linear feet. We do understand that when using NWP 18 written notification to DWQ is required. According to WQC # 3402 the notification requirement is satisfied by providing two copies of the PCN form to the DWQ at the same time that the PCN form is sent to the US Army Corps of Engineers. This requirement was satisfied in the initial submittal to the NC-DWQ on July 6, 2006, and therefore the impacts requesting the use of NWP 18 has been completed as pennitted by the USACE. Charlotte Office: Greensboro Office: 236 LePhillip Court, Suite C 3817-E La?vndale Drive Concord, NC 28025 Greensboro, NC 27455 Phone: (704) 720-9405 Phone: (336) 540-8234 Fax: (704) 720-9406 Fax: (336) 540-8235 Because the written notification to the DWQ was satisfied in July and an individual certification was not requested within 30 days of the receipt of the written notification, S&EC feels that all of the necessary requirements for WQC #3402 have been met. Secondarily, because WQC #3402 was completely satisfied in July the overall application submittal including the request for WQC # 3404 (NWP 14) should not have been withdrawn. At this time we are currently requesting that the NC-DWQ process our application for WQC #3404 (NWP 14) including the requested information which was provided by S&EC on September 5 h, 2006. We assume that because the application was unnecessarily withdrawn that the application fee for the authorization of WQC# 3404 will not be required. Please call or email me at CFlnwera(a-?,VandEC.conr if you have any questions. Sincerely, 7-All Chris Flowers Wetland Scientist Attachments: WQC 3402 (copy) WQC #3402 GENERAL CERTIFICATION FOR PROJECTS ELIGIBLE FOR CORPS OF ENGINEERS NATIONWIDE PERMIT NUMBERS 18 (MINOR DISCHARGES) 39 (RESIDENTIAL, COMMERCIAL AND INSTITUTIONAL DEVELOPMENTS), 41 (RESHAPING EXISTING DRAINAGE DITCHES), 42 (RECREATIONAL FACILITIES), 43_(STORMWATER MANAGEMENT FACILITIES) AND 44 (MINING ACTIVITIES). AND RIPARIAN AREA PROTECTION RULES (BUFFER RULES) This General Certification is issued in conformity with the requirements of Section 401, Public Laws 92-500 and 95-217 of the United States and subject to the North Carolina Division of Water Quality (DWQ) Regulations in 15A NCAC 2H, Section .0500 and 15A NCAC 26 .0200 for the discharge of fill material to waters and adjacent wetland areas or to wetland areas that are not a part of the surface tributary system to interstate waters or navigable waters of the United States (i.e., isolated wetlands) as described in 33 CFR 330 Appendix A (B) (18, 39, 41, 42, 43 and 44) of the Corps of Engineers regulations (i.e., Nationwide Permit No. 39) and for the Riparian Area Protection Rules (Buffer Rules) in 15A NCAC 2B .0200. This Certification replaces Water Quality Certification Numbers 3106 and 3108 issued on February 11, 1997, and Water Quality Certification Number 3287 issued on June 1, 2000 and Water Quality Certification Number 3362 issued March 18, 2002. This WQC is rescinded when the Corps of Engineers re-authorizes Nationwide Permits 18, 39, 41, 42, 43 or 44 or when deemed appropriate by the Director of DWQ. The State of North Carolina certifies that the specified category of activity will not violate applicable portions of Sections 301, 302; 303, 306 and 307 of the Public Laws 92-500 and 95-217 if conducted in accordance with the conditions hereinafter set forth. Conditions of Certification: 1. Enumerating and Reporting of Impacts: • Streams - Impacts to streams as determined by the Division of Water Quality shall be measured as length of the centerline of the normal flow channel. Permanent and/or temporary stream impacts shall be enumerated on the entire project for all impacts regardless of which 404 Nationwide Permits are used. Stream relocations and stream bed and/or bank hardening are considered to be permanent stream impacts. Any activity that results in a loss of use of stream functions including but not limited to filling, relocating, flooding, excavation, dredging and complete shading shall be considered stream impacts. Enumeration of impacts to streams shall include streams enclosed by bottomless culverts, bottomless arches or other spanning structures when a 404 Permit is used anywhere in a project unless the entire structure (including construction impacts) spans the entire bed and both banks of the stream, is only used for a road, driveway or path crossing, and is not mitered to follow the stream pattern. Impacts for dam footprints and flooding will count toward the threshold for stream impacts, but flooding upstream of the dam will not (as long as no filling, excavation, relocation or other modification of the existing stream dimension, pattern or profile occurs) count towards mitigation requirements. Any filling, excavation, relocation or other modification of the existing stream (other than flooding) must re-establish the same dimensions, patterns and profiles of the existing channel (or those of a stable reference reach if the existing channel is unstable) to the maximum extent practical. • Wetlands - Impacts to wetlands as determined by the Division of Water Quality shall be measured as area. Permanent and/or temporary wetland impacts shall be enumerated on the entire project for all impacts regardless of which 404 Nationwide Permits are used. Any activity that results in a loss of use of wetland functions including but not limited to filling, excavating, draining, and flooding shall be considered wetland impacts. Enumeration of impacts to wetlands shall include activities that change the hydrology of a wetland when a 404 Permit is used anywhere in a project. WQC #3402 • Lakes and Ponds - Impacts to waters other than streams and wetlands as determined by the Division of Water Quality shall be measured as area. Permanent and/or temporary water impacts shall be enumerated on the entire project for all impacts proposed regardless of which 404 Nationwide Permits are used. Any activity that results in a loss of use of aquatic functions including but not limited to filling and dredging shall be considered waters impacts. Application Thresholds - Stream, wetland and water impacts that exceed any of the thresholds below require a complete application and written concurrence to use this Certification: • Total stream impacts of greater or equal to 150 cumulative feet of stream length for the entire project require written notification to and approval by the Division of Water Quality, and/or • Impacts to waters of equal to or greater than 1/3 of an acre require written notification to and approval by the Division of Water Quality, and/or • Wetland impacts of greater or equal to 1/3 of an acre east of 1-95 and 1/10 of an acre west of 1-95 require written notification to and approval by the Division of Water Quality except as specified below. Any impacts to wetlands adjacent to waters designated as ORW, SA, WS-1, WS-11 or Trout or are designated as a North Carolina or National Wild and Scenic River and wetlands classified as SWL and/or UWL as well as wetlands described in 15A NCAC 2H .0506 (e) require a complete application and written concurrence from the Division of Water Quality to use this Certification. These thresholds apply for the entire project regardless of the number of Nationwide Permits applicable to the Certification that are issued by the USACE for the project; • Written notification to DWQ is required for all applications that propose to use Nationwide Permit 18. This notification requirement will be satisfied by providing two (2) copies of the PCN form to DWQ at the same time that the PCN form is sent to the US Army Corps of Engineers. A formal application and fee is not required unless DWQ decides that an Individual Certification will be required for the project. In this case, the applicant will be notified in writing from DWQ within 30 days of the receipt of the written notification. • Proposed fill or substantial modification of any amount of wetlands classified in accordance with 15A NCAC 2B .0101(e)(7) as Unique Wetlands (UWL) shall require written concurrence from the Division of Water Quality; 2. Impacts to any stream length in the Neuse, Tar-Pamlico or Randleman River Basins (or any other major river basins with Riparian Area Protection Rules [Buffer Rules] in effect at the time of application) requires written concurrence for this Certification from DWQ in accordance with 15A NCAC 2B.0200. Activities listed as "exempt" from these rules do not need to apply for written concurrence under this Certification. New development activities located in the protected 50-foot wide riparian areas (whether jurisdictional wetlands or not) within the Neuse and Tar-Pamlico River Basins shall be limited to "uses" identified within and constructed in accordance with 15A NCAC 2B .0200. All new development shall be located, designed, constructed, and maintained to have minimal disturbance to protect water quality to the maximum extent practicable through the use of best management practices; 3. Irrespective of other application thresholds in this General Certification, all impacts to perennial waters and their associated buffers require written approval from DWQ since such impacts are allowable as provided in 15A NCAC 2B. 0212 (WS-1), 213.0213 (WS-11), 2B.0214 (WS-III) and 26 .0215 (WS-IV). Only water dependent activities, public projects and structures with diminimus increases in impervious surfaces will be allowed as outlined in those rules. All other activities require a variance from the delegated local government and/or the NC Environmental Management Commission before the 401 Water Quality Certification can be processed. In addition, a 30 foot wide vegetative buffer for low density development or a 100 foot wide vegetative buffer for high density development WQC #3402 must be maintained adjacent to all perennial waters except for allowances as provided under the Water Supply Watershed Protection Rules. For the purposes of this condition, perennial waters are defined as those shown as perennial waters on the most recent USGS 1:24,000 topographic map or as otherwise determined by local government studies; 4. Additional site-specific stormwater management requirements may be added to this Certification at DWQ's discretion on a case by case basis for projects that have or are anticipated to have impervious cover of greater than 30 percent. Site-specific stormwater management shall be designed to remove 85% TSS according to the latest version of DWQ's Stormwater Best Management Practices manual at a minimum. Additionally, in watersheds within one mile and draining to 303(d) listed waters, as well as watersheds that are classified as nutrient sensitive waters (NSW), water supply waters (WS), trout waters Jr), high quality waters (HQW), and outstanding resource waters (ORW), the Division shall require that extended detention wetlands, bio-retention areas, and ponds followed by forested filter strips (designed according to latest version of the NC DENR Stormwater Best Management Practices Manual) be constructed as part of the stormwater management plan when a site-specific stormwater management plan is required. For streams classified as Water Supply, High Quality Waters and Outstanding Resource Waters, post-construction, on-site stormwater management shall be required as appropriate and as outlined in 15A NCAC 2B .0104(m) and 2H .1000 to .1007, respectively, in addition to that required in this General Certification. Alternative designs may be requested by the applicant and will be reviewed on a case-by- case basis by the Division of Water Quality. Approval of stormwater management plans by the Division of Water Quality's other existing state stormwater programs including appropriate local programs are sufficient to satisfy this Condition as long as the stormwater management plans meet or exceed the design requirements specified in this condition. This condition applies unless more stringent requirements are in effect from other state water quality programs. • Unless specified otherwise in the approval letter, the final, written stormwater management plan shall be approved in writing by the Division of Water Quality's Wetlands Unit before the impacts specified in this Certification occur. • The facilities must be designed to treat the runoff from the entire project, unless otherwise explicitly approved by the Division of Water Quality. • Also, before any permanent building or other structure is occupied at the subject site, the facilities (as approved by the Wetlands Unit) shall be constructed and operational, and the stormwater management plan (as approved by the Wetlands Unit) shall be implemented. • The structural stormwater practices as approved by the Wetlands Unit as well as drainage patterns must be maintained in perpetuity. • No changes to the structural stormwater practices shall be made without written authorization from the Division of Water Quality. 5. Compensatory stream mitigation shall be required at a 1:1 ratio for not only perennial but also intermittent stream impacts that require application to DWQ in watersheds classified as ORW, HQW, Tr, WS-1 and WS-II unless the project is a linear, publicly-funded transportation project, which has a 150-foot per-stream impact allowance; 6. In accordance with North Carolina General Statute Section 143-215.3D(e), any application for a 401 Water Quality Certification must include the appropriate fee. If a WQC #3402 project also requires a CAMA Permit, one payment to both agencies shall be submitted and will be the higher of the two fees; 7. In accordance with 15A NCAC 2H .0506 (h) compensatory mitigation may be required for impacts to 150 linear feet or more of streams and/or one acre or more of wetlands for an entire project. For linear public transportation projects, impacts equal to or exceeding 150 feet per stream may require mitigation. In addition, buffer mitigation may be required for any project with Riparian Area Protection Rules (Buffer Rules) in effect at the time of application for buffer impacts resulting from activities classified as "allowable with mitigation" within the "Table of Uses" section of the Buffer Rules or require a variance under the Buffer Rules. A determination of buffer, wetland and stream mitigation requirements shall be made for any Certification for this Nationwide Permit. The most current design and monitoring protocols from DWQ shall be followed and written plans submitted for DWQ approval as required in those protocols. When compensatory mitigation is required for a project, the mitigation plans must be approved by DWQ in writing before the impacts approved by the Certification occur, unless otherwise specified in the approval letter. The mitigation plan must be implemented and/or constructed before any permanent building or structure on site is occupied. In the case of public road projects, the mitigation plan must be implemented before the road is opened to the travelling public. Please note that if a stream relocation is conducted as a stream restoration as defined in The Internal Technical Guide for Stream Work in North Carolina , April 2001, the restored length can be used as compensatory mitigation for the impacts resulting from the relocation; 8. For any project involving re-alignment of streams, a stream relocation plan must be included with the 401 application for written DWQ approval. Relocated stream designs should include the same dimensions, patterns and profiles as the existing channel (or a stable reference reach if the existing channel is unstable), to the maximum extent practical. The new channel should be constructed in the dry and water shall not be turned into the new channel until the banks are stabilized. Vegetation used for bank stabilization shall be limited to native woody species, and should include establishment of a 30 foot wide wooded and an adjacent 20 foot wide vegetated buffer on both sides of the relocated channel to the maximum extent practical. A transitional phase incorporating coir fiber and seedling establishment is allowable. Also, rip-rap, A-Jacks, concrete, gabions or other hard structures may be allowed if it is necessary to maintain the physical integrity of the stream, but the applicant must provide written justification and any calculations used to determine the extent of rip-rap coverage requested. If suitable stream mitigation is not practical on-site, then stream impact will need to be mitigated elsewhere. Please note that if a stream relocation is conducted as a stream restoration as defined in The Internal Technical Guide for Stream Work in North Carolina , April 2001, the restored length can be used as compensatory mitigation for the impacts resulting from the relocation; 9. Placement of culverts and other structures in waters, streams, and wetlands must be placed below the elevation of the streambed to allow low flow passage of water and aquatic life unless it can be shown to DWQ that providing passage would be impractical. Design and placement of culverts including open bottom or bottomless arch culverts and other structures including temporary erosion control measures shall not be conducted in a manner that may result in aggradation, degradation or significant changes in hydrology of wetlands or stream beds or banks, adjacent to or upstream and down stream of the above structures. The applicant is required to provide evidence that the equilibrium shall be maintained if requested to do so in writing by DWQ. Additionally, when roadways, causeways or other fill projects are constructed across FEMA-designated floodways or wetlands, openings such as culverts or bridges must be provided to maintain the natural hydrology of the system as well as prevent constriction of the floodway that may result in aggradation, degradation or significant changes in hydrology of streams or wetlands; WQC #3402 10. That appropriate sediment and erosion control practices which equal or exceed those outlined in the most recent version of the "North Carolina Sediment and Erosion Control Planning and Design Manual" or the "North Carolina Surface Mining Manual" whichever is more appropriate (available from the Division of Land Resources (DLR) in the DENR Regional or Central Offices) shall be in full compliance with all specifications governing the proper design, installation and operation and maintenance of such Best Management Practices in order to assure compliance with the appropriate turbidity water quality standard; 11. All sediment and erosion control measures placed in wetlands and waters shall be removed and the original grade restored within two months after the Division of Land Resources has released the project; 12. That additional site-specific conditions may be added to projects proposed under this Certification in order to ensure compliance with all applicable water quality and effluent standards; 13. Measures shall be taken to prevent live or fresh concrete from coming into contact with waters of the state until the concrete has hardened; 14. If an environmental document is required, this Certification is not valid until a Finding of No Significant Impact (FONSI) or Record of Decision (ROD) is issued by the State Clearinghouse; 15. If this Certification is used to access building sites, all lots owned by the applicant must be buildable without additional fill beyond that explicitly allowed under other General Certifications. The applicant is required to provide evidence that the lots are buildable without requiring additional impacts to wetlands, waters or buffers if required to do so in writing by DWQ. For road construction purposes, this Certification shall only be utilized from natural high ground to natural high ground; 16. Deed notifications or similar mechanisms shall be placed on all lots with remaining jurisdictional wetlands and waters or areas within 50 feet of all streams and ponds. These mechanisms shall be put in place within 30 days of the date of issuance of the 401 Certification letter or the issuance of the 404 Permit (whichever is later). A sample deed notification format can be downloaded from the 401 /Wetlands Unit web site at http://h2o.enr.state.ne.us/ncwetlands . DWQ shall be sent copies of all deed restrictions applied to these lots; 17. When written concurrence is required, the applicant is required to use the most recent version of the Certification of Completion form to notify DWQ when all work included in the 401 Certification has been completed; 18. Concurrence from DWQ that this Certification applies to an individual project shall expire three years from the date of the cover letter from DWQ or on the same day as the expiration date of the corresponding Nationwide Permit 18, 39, 41, 42, 43 or 44, whichever is sooner. WQC #3402 Non-compliance with or violation of the conditions herein set forth by a specific fill project may result in revocation of this Certification for the project and may also result in criminal and/or civil penalties. The Director of the North Carolina Division of Water Quality may require submission of a formal application for Individual Certification for any project in this category of activity that requires written concurrence under this certification, if it is determined that the project is likely to have a significant adverse effect upon water quality or degrade the waters so that existing uses of the wetland or downstream waters are precluded. Public hearings may be held for specific applications or group of applications prior to a Certification decision if deemed in the public's best interest by the Director of the North Carolina Division of Water Quality. Effective date: March 2003 DIVISION OF WATER QUALITY By Alan W. Klimek, P.E. Director WQC # 3402 0? W AT o -c Michael F. Easley, Governor William G. Ross Jr., Secretary North Carolina Department of Environment and Natural Resources Alan W. Klimek, P.E. Director Division of Water Quality September 11, 2006 DWQ Project No. 06-1102 Cumberland County CERTIFIED MAIL - RETURN RECEIPT REQUESTED Mr. Ralph Huff Landfall Partners, LLC P.O. Box 87555 Fayetteville, NC 28304 Subject Property: Roslin Farms UT to Cold Camp Creek [030753, 14-22-1-1, C, SW] NOTICE OF WITHDRAWAL Dear Mr. Huff: On July 6, 2006, the Division of Water Quality (DWQ) received your application dated July 7, 2006 to impact 0.015 acres of wetland and 90 linear feet of perennial stream, to construct the proposed residential subdivision. On August 2, 2006, the DWQ received additional from you, however, the DWQ determined that your application remained incomplete and/or provided inaccurate information, and on August 15, 2006, the DWQ sent correspondence to you requesting additional information so that this Office could continue to process your application. This requested information included the following: Additional Information Requested: This Office believes that the ditches labeled on the plans as "Ditch No. 2 and Ditch No. 3" are not required and impacts to the wetland should be avoided. Please revise the plans to avoid the impacts. The above requested information was not included in your revised PCN application, and as of today has not been received by the DWQ. Therefore, your file is hereby considered withdrawn and will not be reviewed until the DWQ's earlier concerns are addressed. The DWQ will require the additional information listed above in order to process an application to impact protected wetlands, streams and/or protected riparian buffers on the subject property. Once you have collected sufficient information to have a complete application you will need to reapply for DWQ approval. This includes submitting a complete application package with the appropriate fee. 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: 919-733-1786 / FAX 919-733-6893 / Internet: httn://h2o.enr.state.nc.us/ncwetlands One r Carolina Np Nahrmlly An Equal Opportunity/Affirmative Action Employer - 50% Recycled/10% Post Consumer Paper Landfall Partners, LLC Page 2 of 2 September 11, 2006 Please be aware that you have no authorization under Section 401 of the Clear Water Act for this activity and any work done within waters of the state would be a violation of North Carolina General Statuses and Administrative Code. Please call Ms. Cyndi Karoly or Mr. Ian McMillan at 919-733-1786 if you have any questions or concerns. Sin e ely, Cyndi Karoly, Supervisor i 401 Oversight/Express Review Permitting Unit CBKJUni cc: Ken Averitte, DWQ Fayetteville Regional Office USACE Wilmington Regulatory Field Office File Copy Central Files Chris Flowers, S&EC, P.A., 11010 Raven Ridge Road, Raleigh, NC 27614 Filename: 061102RoslinFarms(Cumberland) Withdrawn 0 Soil & Environmental Consultants, PA 11010 Raven Ridge Road • Raleigh, North Carolina 27614 • Phone: (919) 846-5900 • Fax: (919) 846-9467 www.SandEC.com Transmittal To: - tvc,- 01)0 ? ? Cyn??ro?? We Transmit to you Herewith: ? Drawings ? Specifications ? Brochures or photos Correspondence As per your request Project M eel' Date: q6k Project Name: l?n?lin Frnl? • Dln - l File: ? For your information and files ? For comment or approval ? Returned.for correction, resubmit ? Approved as noted Under Separate Cover: ? By.mail By courier ? By express No. Copies Document No. Date Description. s kwaeSf u Remarks:: Jll , l71 t<?Q Ck, 17) (4 MVP tail/r N a8 01 If enclosures are not as listed as above, kindly notify us at once. Q ?%V9 By: 6 A A SEP 6 200 ON-) 1 sN STORA/ER BRAD Charlotte Office Greensboro Office: 236 LePhillip Court, Suite C 3817-E Lawndale Drive Concord, NC 28025 Greensboro, NC 27455 Phone: (704) 720-9405 Phone: (336) 540-8234 Fax: (704) 720-9406 Fax: (336) 540-8235 K Soil & Environmental Consultants, PA F 11010 Raven Ridge Road Raleigh, North Carolina 27614 Phone: (919) 846-5900 Fax: (919) 846-9467 www.SandEC.com September 5, 2006 S&EC Project # 988 Lwl DWQ Project #06-1102 NCDENR-DWQ Attn: Ms. Cyndi Karoly 2321 Crabtree Blvd. Parkview Building Raleigh, NC 27604 RE: Response to the NCDWQ's 2"d Request for Additional Information Roslin Farms Hoke County Dear Ms. Karoly: On July 6, 2006 we submitted a permit application package the US Army Corps of Engineers (USACE) requesting written concurrence from the USACE to proceed utilizing Nationwide Permits 14 & 18. With this application, we copied the NCDWQ with two (2) copies of the application and supplemental information to satisfy the required notification for utilizing Nationwide Permit (NWP) 18 and Water Quality Certification (WQC) 3402. On July 25, 2006 we received a request for additional information dated July 19, 2006. This letter specifically requested a revised Pre-Construction Notification (PCN) Application, five (5) copies of this revised PCN and the appropriate fee of $200.00 for the written concurrence to utilized WQC 3404 (NWP 14). No further information was requested in this letter for the use of WQC 3402 (NWP 18). On August 2, 2006, we responded with a revised PCN, submitted five (5) copies and the appropriate fee of $200.00. On August 21, 2006 we received a second request for additional information dated August 15, 2006. In this letter j you have requested that the impact from ditches #1 and #2 be avoided. These impacts are being requested utilizing WQC 3402 (NWP 18). Because the requested impacts to "Waters of the State" are less than 150 linear feet of stream and less than 1/3 acres of wetlands (project east of I-95) and an individual certification was not requested by the NCDWQ, no written concurrence is required from the NCDWQ. However, you have additionally, requested that the Carolina Bay be shown on the plan sheet. The Carolina Bay is not going to be impacted and is being preserved as "open space", attached is an overall map indicating the location of the un-impacted Carolina Bay. We anticipate that this answers all of the NCDWQ's questions in order to complete the final review process for a 401 Water Quality Certification. Please call or email me at CF1awersq,VandF.C.coni if you have any questions. Sincerely, V? Chris Flowers Wetland Scientist Attachments: Overall Plan showing Carolina Bay (sheet 1 of 2) Charlotte Office: 236 LePhillip Court, Suite C Concord, NC 28025 Phone: (704) 720-9405 Fax: (704) 720-9406 Greensboro Office: 3817-E Lawndale Drive Greensboro, NC 27455 Phone: (336)540-8234 Fax: (336),540-8235 PB rJO, PG Tiro AD. 009, Pa 48f P.4 24 A2 1J N 46.44'16" 280.00' ?s''rs•.? 5 A6.A ` 'r. ?s•. 49' <' 49 50 ?Y OPEN SPACE 48 % 51 52 l` 96 c' 47 -? - 64`• 53 44 1 45 , 46 54 43 I y,' 61 , 61 i 4? 63 56 60 , 38 39 40 64 ` 59 i 57 371` 41 <' 58 35 36 -PROPOSED' i' 75 ,11 74 65 34 ?SUMVJS10N r 76 , 66 - - - = -;-2131-?,77 , 73 1\` `32 15 24 21 78 71 67 ------------- J11 s , 27 26 \1, 68 20 I 79 .. -I r 28 71 130 19 I \? - - tr?.\,l r' - , I ,1 \ 69 29 WMANDS BO - J 70 81 i _ r- 17 OPEN SPACE P.& 04. ft fn 16 I ' I .? rs I \ I 10 11 r'' uo,ra Tito I 11 I 9 r '? ,y1 I ?_ I as J004 Pa 840 6 S 1 82 121.49'-----= 1 ;------------- I N 14°46'15" - _ :b J W . 83 I ? I N 14'28'13" W I I 109.79' (01.77' L-------------------A4J-'J7'46" W sM ?yDY R0. SEE SHEET 2 of 2 8-1130.00' SITE C4NA0 L=208.17' c • w 1??iy? RL! N 02°06'03" W SR. 2243 118.68' VICINITY MAP I N 00.0556" W 181.52' S,p ?1?J \'b1. LEGEND NOTE: TOTAL AREA OF TRACT IS 1 13.57 ACRES. PROPERTY BOUNDARY ----------------- PROPOSED SUBDIVISION Cn r-n WFTIANDS MATRIX 5 S1, m p : N BAY (ISOLATED WETLANDS -NON JURISDICTIONAL) ?r m "This certifies that this copy of this plot identities as waters of the U.S. or wetlands all areas of waters of the U.S., including wetlands, regulated pursuant to Section 404 of the Clean Water Act as determined by the undersigned on this date. Unless there is a change in the low or our published regulations, this determination of Section 404 jurisdiction may be relied upon for a period not to exceed five years from this dote. This determination was made utilizing the 1987 Corps of Engineers Wetlands Delineation Manual." Name: Title: Date: CANAO RCAD. SHEET 1 o f 2 WETLAND DELINEATION FOR ROS.LIIV .L .Z-a S PROPERTY OF LANDFALL PARTNERS, LLC MCLAUCHL/N TWP. HOKE CO., N.C. SCALE. I"= 400' FEBRUARY 2006 -4CO -200 0 400 800 1200 N.C. P NO. L-2763 ???11/llfff'?R 'Z. ?/ w - Soil & Environmental Consultants 11010 Raven Ridge Road , PA Raleil;h North Carolina 27614 Phone: (919) 846-5900 Fax: (919) 846-9467 www.SandEC.com Transmittal To: - tyc- OJ I() We Transmit to you Herewith: ? Drawings ? Specifications . El Brochures or photos Correspondence [[]/ As per your request Project #: 9o?)/, 11), Date: Project Name: _ Rdin Frn)?5 oto - 1 File: Under Separate Cover: ? For your information and files ? By.mail ? For comment or approval By courier ? Returned _for correction, resubmit ? By express ? Approved as noted A? rip r, c01r If enclosures are not as listed as above, kindly notify us at once. nCC??ad[? p [ D By: /119 - - ?cc SEP f 2006 UENR - WATER QUALITY AET1ANDS AND STORMWATER BRANCH Charlotte Office: 236 LePhillip Court, Suite C Greensboro Office: Concord, NC 28025 3817-1: Lawndale Drive Phone: (704) 720-9405 Greensboro, NC 27455 Fax: (704) 720-9406 Phone: (336) 540-8234 Fax: (336) 540-8235 Remarks: _Cp: AIC.- l7Yc)Q 0 Soil & Environmental Consultants, PA 11010 Raven Ridge Road • Raleigh, North Carolina 27614 • Phone: (919) 846-5900 • Fax: (919) 846-9467 www.SandEC.com - September 5, 2006 S&EC Project # 9881.wl DWQ Project 906-1102 NCDENR-DWQ Attn: Ms. Cyndi Karoly 2321 Crabtree Blvd. Park-view Building Raleigh, NC 27604 RE: Response to the NCDWQ's 2°a Request for Additional Information Roslin Farnis Hoke County Dear Ms. Karoly: On July 6, 2006 we submitted a permit application package the US Army Corps of Engineers (USACE) requesting written concurrence from the USACE to proceed utilizing Nationwide Permits 14 & 18. With this application, we copied the NCDWQ with two (2) copies of the application and supplemental information to satisfy the required notification for utilizing Nationwide Permit (NWP) 18 and Water Quality Certification (WQC) 3402. On July 25, 2006 we received a request for additional information dated July 19, 2006. This letter specifically requested a revised Pre-Construction Notification (PCN) Application, five (5) copies of this revised PCN and the appropriate fee of $200.00 for the written concurrence to utilized WQC 3404 (NWP 14). No further information was requested in this letter for the use of WQC 3402 (NWT 18). On August 2, 2006, we responded with a revised PCN, submitted five (5) copies and the appropriate fee of $200.00. On August 21, 2006 we received a second request for additional information dated August 15, 2006. In this letter you have requested that the impact from ditches #1 and #2 be avoided. These impacts are being requested utilizing WQC 3402 (NWP 18). Because the requested impacts to "Waters of the State" are less than 150 linear feet of stream and less than 1/3 acres of wetlands (project east of I-95) and an individual certification was not requested by the NCDWQ, no written concurrence is required from the NCDWQ. However, you have additionally, requested that the Carolina Bay be shown on the plan sheet. The Carolina Bay is not going to be impacted and is being preserved as "open space", attached is an overall map indicating the location of the un-impacted Carolina Bay. We anticipate that this answers all of the NCDWQ's questions in order to complete the final review process for a 401 Water Quality Certification. Please call or email me at CFlower q,'Vaird C.con: if you have any questions. Sincerely, Chris Flowers Wetland Scientist Attachments: • Overall Plan showing Carolina Bay (sheet 1 of 2) Charlotte Office: 236 LePhillip Court, Suite C Concord, NC 28025 Phone: (704) 720-9405 Fax: (704) 720-9406 Greensboro Office: 3817-E Lawndale Drive Greensboro, NC 27455 Phone: (336) 540-8234 Fax: (336) 540-8235 Me-7 'ON Y ? 61 w z" ?• ,? z z" ?• Z J 0 1 133HE oozy ooa cool 0 ooz- cool- soot .(b'b'n6'833 , OOP, =„ l *37VOS 'O'N "00 3NOH 'dhu NnHonvwn 077 `S6(3N1 d dd 77 d3ON d7 30 A-LY3dOdd SNUVJ iVI7SOcY 2V03 NO11 V3N1730 ONV713M N ?. ? ? ? cfl Q ?o n V tZ ?? n 'S321Od LS'Fl I S/ -LOd2/1 -40 d3YV 74101 ?310N .td b'ONn o9 .Ub'3dObrd ON3D37 d V N .(1 /N/OlA .29 12; l s?tt Vs Al „F0190.z0 N 6olI r `y r?rr M „99,90000 N dVROZ=7 ?'r0r?vr? 311S ?s odor, 100 ,09; {rb Z } o Z 133HE 33S ba t0'"`? `?? -------------------? / ,LL' Ol 6Z '60; I .rte. °'- I M „FI,BZ.fI N I F8 ; -.- I M „Sl.9Y.i l N 1 I ------------ --- I arr w trac pan lB ` " Z ,,`, I ` 4 i 9 ' i 6? s I - - e '\'N .- - ` zl I oil vi Vd 01 I sl a,, I I ------- '1 ' ?_- -?, IN I ICIl?'*# VW r of cc z u z 0 oroa ?orNro 3OVdS N3dO ---', I L! -? ,---------T. - - ta 4 ? al ?.e OL SONV7131,1 69 0a -- . 6Z I 61 Ofl Z SY OZ L9 lz ,' rz `SZ`` £L r LL r' 99 _.? 9L i ?NO19PUOanS- r£ S9 \ ` SL` /-- G13SOd0?Jd- " 9£ ' 09 r9 - Or 6F ,-' 9; 19 Z9 SS rs , 9), ,,yam! ',' Zs , --------- ZIP 9r ) -' 3DVdS N3dO -ff og 6P "g s?•oi ,, ? y \ ,s?•o` o ? 9yg?b \ ,00'0BZ M „91,ff.9f N / 6?•OL !ci i eoa"va S 5d OLl Bd :alDp :19MI :awDl? „y0nuoyy uolloaug00 SpuD11aM SJDaUl6u3 JO G600 2961 ayl burzrjgn apow SDM uorlDUluualap slgl 'alDp Slgl UJOJJ SJDO1 anlj peaW of lou pouad D Jot uodn pagaJ oq low uo Rpsuinf ppl, uolloaS jo uo1lDUruiJalap slgl 'suorlDln6aJ pagsrlgnd mo Jo MDl aql u/ a6uDgo D sl slay) ssalun 'alDp Slgl uO Pau6/SJapun ay} Iq pauiuJJalap SD 1Dd JaIDM UDa/0 ayl JO tpy uo11DaS of luDnsJnd palDln6ai 'spuol#aM burpnlour ' S n Oql )O WJDM JO SD3JD 11D SPUDIIaM JO •S ? ayl Jo SJa;DM sD sayrluapl 1Dld slyl jo Adoo sly} 1Dgj SaIJIPRO sryl„ (7VN0/10/OSIYn1' NON - SONV7J3M 031Y]0S1) AVS MMMI NO/SMIGSnS 03SOd02d ----------------- it oil & Environmental Consultants PA 1010 Raven Ride Road g Raleigh, NorUi Carolina 27G14 Phone: (919) 846-5900 Fax: (919) 84G-9467 www.SandEC.com Transmittal To: - NL- Oj)0 C ?ra1? i We Transmit to you Herewith: ? Drawings ? Specifications . El WBrochures or photos Correspondence [f As per your request Project M 9O?51, f, )I Date: 188 - Project Name: l1-W ' Far-mg, Wo File: Under Separate Cover: ? For your information and files ? By-mail ? For comment or approval By courier ? Returned.for correction, resubmit ? By express ? Approved as noted If enclosures are not as listed as above, kindly notify us at once. By: Kt? ---/I' ' K SEF b 'Nub DENT. Q.utUTY VtiEWDS hi ti S ? CQki AT _R BRANCH Charlotte Office- 236 LePhillip Court, Suite C Greensboro Office: Concord, NC 28025 3817-$ Lawndale Drive Phone: (704) 720-9405 Greensboro, NC 27455 Fax: (704) 720-9406 Phone: (336) 540-8234 Fax; (336) 540-8235 Remarks:: V O Soil & Environmental Consultants, PA 11010 Raven Ridge Road • Raleigh, North Carolina 27614 • Phone: (919) 846-5900 • Fax: (919) 846-9467 L www.SandEC.coni September 5, 2006 S&EC Project # 9881.w1 DWQ Project #06-1102 NCDENR-DWQ Attn: Ms. Cyndi Karoly 2321 Crabtree Blvd. Parkview Building Raleigh, NC 27604 RE: Response to the NCDWQ's 2°d Request for Additional Information Roslin Farms Hoke County Dear Ms. Karoly: On July 6, 2006 we submitted a permit application package the US Army Corps of Engineers (USACE) requesting written concurrence from the USACE to proceed utilizing Nationwide Permits 14 & 18. With this application, we copied the NCDWQ with two (2) copies of the application and supplemental information to satisfy the required notification for utilizing Nationwide Permit (NWP) 18 and Water Quality Certification (WQC) 3402. On July 25, 2006 we received a request for additional information dated July 19, 2006. This letter specifically requested a revised Pre-Construction Notification (PCN) Application, five (5) copies of this revised PCN and the appropriate fee of $200.00 for the written concurrence to utilized WQC 3404 (NWT 14). No further information was requested in this letter for the use of WQC 3402 (NWP 18). On August 2, 2006, we responded with a revised PCN, submitted five (5) copies and the appropriate fee of $200.00. On August 21, 2006 we received a second request for additional information dated August 15, 2006. In this letter you have requested that the impact from ditches #1 and #2 be avoided. These impacts are being requested utilizing WQC 3402 (NW? 18). Because the requested impacts to "Waters of the State" are less than 150 linear feet of stream and less than 1/3 acres of wetlands (project east of I-95) and an individual certification was not requested by the NCDWQ, no written concurrence is required from the NCDWQ. However, you have additionally, requested that the Carolina Bay be shown on the plan sheet. The Carolina Bay is not going to be impacted and is being preserved as "open space", attached is an overall map indicating the location of the un-impacted Carolina Bay. We anticipate that this answers all of the NCDWQ's questions in order to complete the final review process for a 401 Water Quality Certification. Please call or email me at CFlmvers(aklVandF,C.cont if you have any questions. Sincerely, Chris Flowers Wetland Scientist Attachments: • Overall Plan showing Carolina Bay (sheet 1 of 2) Charlotte Office: 236 LcPhillip Court, Suite C Concord, NC 28025 Phone: (704) 720-9405 Fax: (704) 720-9406 Greensboro Office: 3817-E Lawndale Drive Greensboro, NC 27455 Phone: (336) 540-8234 Fax: (336) 540-8235 n v i c1? 6 ? `f UIJ ip o D.R W0. Pa •01 P.4 P; M /J N 46'44'16" W 280.00' S ? N 14.28' 13" W 1 109.79' f 01.77' - - 9 4Jt 7'46" W 2 of 2 R=1130.00' 6.. 6 10?, f ?, 5 1,6 > - S.. 49 1 501' 51 -^- 9 OPEN SPACE S. 4745 52 a`. / 46 ?' -r-- t 53 34 44 1' 45 `?'' 'r' `?r `•`C, i•55 43 62 ; 61 < 42-' 56 •' 63 J81 39 40 64 1 59 ; 57 ' ,•' 37 % 41 ).' 38 - ' 36 `-- 751' 74 63 r' 351 ` 'PROPOSErl ?' 76 \ 34 65 I?32 231727 - ? I 77 73 i > 24, 67 21 251` 7a 17 72 it 2 1-4 27 10 , 68 1 - Z ,1 71 130 `' 29 18 ` j 19 ; 11r 'BO I` . 69 ?•`? WETLANDS 70 , at 17 I; 'r'-' OPEN SPACE P.& 04 ft fit 16 1 ' , 15 1 I 10 11 r k0M I? Ps rro. Pa Ito I 9 r ly, 7 5 5 I 2 e2 aA X04 Pa 840 I x-?'- _•-• b I ti N 14.46'15" I W 1' 83 I L---------- ot4w RD. SEE SHEET SITE c4mo L=208.17' ? H sR 2t? ?u ' o N 02.06'03" S.R. 224J 1 18.68' VICINITY MAP LEGEND PROPERTY BOUNDARY ----------------- PROPOSED SUBDIWS/ON BAY (ISOLATED WETLANDS - NON JURISDIC77ONAL) This certifies that this copy of this plat identifies as waters of the U.S. or wetlands all areas of waters of the U.S, including wetlands, regulated pursuant to Section 404 of the Clean Water Act as determined by the undersigned on this date. Unless there is a change in the low or our published regulations, this determination of Section 404 jurisdiction may be relied upon for a period not to exceed five yecrs from this date. This determination was made utilizing the 1987 Corps of Engineers Wetlands Delineation Manual." Name: Title: Date: PB >>O, PG >>o I sR\ 00.05'56" W ?' 181.52' J db. NOTE: TOTAL AREA OF TRACT IS 113.57 ACRES. WETLAND DELINEA TION FOR ROSLIIV F24Ri1S PROPERTY OF LANDFALL PARTNERS, LLC MCLAUCHLIN TWP. HOKE CO., N.C. SCALE.- 1"= 400' FEBRUARY 2006 -400 -200 0 400 800 1200 CANAD ROAD SHEET 1 O f 2 ?ttN u r rrriEr z,CN•CA..? - 0,? 10 C. PROFtSSIXt'SOkEYOR NO. L-2763 Soil & Environmental Consultants, PA 11010 Raven Ridge Road Raleigh, North Carolina 27G14 Phone: (919) 846-5900 Fax: (919) 846 9467 To: hlr;- 0,iQ -? : Cvh?J??ra1? Yl /Yl IL- We Transmit to you Herewith: ? Drawings ? Specifications . ? Brochures or photos Correspondence L `J As per your request www.SandEC.com Transmittal Project M qOV, Date: _qAla Project Name: IRndinrn)? O1D-IkUA File: Under Separate Cover: ? For your information and files ? By mail ? For comment or approval ©"' By courier ? Returned.for correction, resubmit ? By express ? Approved as noted ?, I (?/YPn c)1 cc i7/? ?a?/pI?P??ifl? nlr a? of ? r If enclosures are not as listed as above, kindly notify us at once. L:J By. Afi f?,?ulKc? SEP 6 2006 DS ANO WATER STORkfWATER BRANCH Charlotte Office- 236 L.ePhillip Court, Suite C Greensboro Office: Concord, NC 28025 3817-1; Lawndale Drive Phone: (704) 720-9405 Greensboro, NC 27455 Fax: (704) 720-9406 Phone: (336) 540-8234 Fax: (336) 540-8235 Remarks: ?C: l?lG- l7?c?Q Environmental Consultants, PA Road • Raleigh, North Carolina 27614 • Phone: (919) 846-5900 • Fax: (919) 846-9467 September 5, 2006 S&EC Project # 9881.w1 DWQ Project 806-1102 NCDENR-DWQ Attn: Ms. Cyndi Karoly 2321 Crabtree Blvd. Park--view Building Raleigh, NC 27604 RE: Response to the NCDWQ's 2nd Request for Additional Information Roslin Farms Hoke County Dear Ms. Karoly: On July 6, 2006 we submitted a permit application package the US Army Corps of Engineers (USACE) requesting written concurrence from the USACE to proceed utilizing Nationwide Permits 14 & 18. With this application, we copied the NCDWQ with two (2) copies of the application and supplemental information to satisfy the required notification for utilizing Nationwide Permit (NWP) 18 and Water Quality Certification (WQC) 3402. On July 25, 2006 we received a request for additional information dated July 19, 2006. This letter specifically requested a revised Pre-Construction Notification (PCN) Application, five (5) copies of this revised PCN and the appropriate fee of $200.00 for the written concurrence to utilized WQC 3404 (NWP 14). No further information was requested in this letter for the use of WQC 3402 (NWP 18). On August 2, 2006, we responded with a revised PCN, submitted five (5) copies and the appropriate fee of $200.00. On August 21, 2006 we received a second request for additional information dated August 15, 2006. In this letter you have requested that the impact from ditches #1 and #2 be avoided. These impacts are being requested utilizing WQC 3402 (NWP 18). Because the requested impacts to "Waters of the State" are less than 150 linear feet of stream and less than 1/3 acres of wetlands (project east of I-95) and an individual certification was not requested by the NCDWQ, no written concurrence is required from the NCDWQ. However, you have additionally, requested that the Carolina Bay be shown on the plan sheet. The Carolina Bay is not going to be impacted and is being preserved as "open space", attached is an overall map indicating the location of the un-impacted Carolina Bay. We anticipate that this answers all of the NCDWQ's questions in order to complete the final review process for a 401 Water Quality Certification. Please call or email me at CF/moersnSnndF,C.ennr if you have any questions. Sincerely, Chris Flowers Wetland Scientist Attachments: • Overall Plan showing Carolina Bay (sheet 1 of 2) Charlotte Office: Greensboro Office: 236 LePhillip Court, Suite C 3817-E Lawndale Drive Concord, NC 28025 Greensboro,NC 27455 Phone: (704) 720-9405 Phone: (336) 540-8234 Fax: (704) 720-9406 Fax: (336) 540-8235 rte' ?1J ?m PB 7, ti z cn LI V LI O, p m QM a C: t? > O t xr r o / f AA 000 1 If r, , 9. / N 46.44'16" W 280.00' \ \ 56k??pry: s?o. ?0* 49 51 5 • 9d. OPEN SPACE 48 i 52 ,' ?. ?Q6`• 47 10 46 54 441 45 ,)' .r' 'i ?r• ?C' ,55 , 42 43 _1' , 61 ' 61 56 -' 63 .' - 38 , 39 40 64 601/59 58 57 37 41 JB PROPOSED 75 ` 74 65 ' 35 SUBOM310t( 76 i' 66 --J3--',-- , --T23?31--_ 77 ; 7J 32 24 i 21 -- 67 25` -178 72 26 "1' 27 20 68 IJo l' 2919- -;I - 80 69 Z ' WETLANDS 70 , r .. 18 r 1 r• ; 17 I, 'r OPEN SPACE rn.4 PO. fir !6 I - r, I a 1o 11 ` 15 I r- k0k ra "01M Ito 12 ` 1 ` ,y1 I I 9 6 1 5 I. 2 82 AA J004. rCt 140 1 , I , ` I \ 1 1 --------.--'. K, I y N 14.46115" N 14.28'13" W I 1 10 ------- ---M 7'46 W EE SHEET 2 o f 2 R=1130.00' Lr208.17' F-Z ,wY Ra S ITE v AIA 1 N 02006'03" a 118.68' VICINITY MAP LEGEND PROPERTY BOUNDARY ----------------- PROPOSED SUBDIVISION BAY (ISOLATED WETLANDS - NON JURISDICTIONAL) This certifies that this copy of this plat identifies as woters of the U.S. or wetlands all areas of wafers of the U.S, including wetlands, regulated pursuant to Section 404 of the Clean Water Act as determined by the undersigned on this date. Unless there is a change in the low or our published regulations, this determination of Section 404 jurisdiction may be relied upon for a period not to exceed five years from this date. This determination was made utilizing the 1987 Corps of Engineers Wetlands Delinection Manual." Name: Title: Dote: If RpS,l?,y V 0005'S6"AW ROAD sR ??'J 181.52' a'It-IF NOTE: TOTAL AREA OF TRACT IS 1 13.57 ACRES. DANAROAD SHEET 1 o f 2 WETLAND DELINEATION FOR ROSLINAF14 Rills PROPERTY OF LANDFALL PARTNERS, LLC McLAUCHLIN TWP. HOKE CO., N.C. SCALE: 1"= 400' FEBRUARY 2006 -400 -200 0 400 800 1200 71 T., IRIMI ? %A CRRO? °,,m ,. N.....1 '?•??O . •oFp'•••? ... C. NO. L-276. V Soil & Environmental Consultants, PA 11010 Raven Ridge Road • Raleigh, North Carolina 27614 • Phone: (919) 846-5900 • Fax: (919) 846-9467 www.SandEC.com Transmittal To: t!G- 01 M) tG ?7fef7?- We Transmit to you Herewith: ? Drawings ? Specifications . ? Brochures or photos L1 Correspondence As per your request Project M 9ef)/, 1,)/ Date: Project Name: -Pod, * Errl1? C)Lo-1k b2 File: Under Separate Cover: ? For your information and files ? By-mail ? For comment or approval [ By courier ? Returned.for correction, resubmit ? By express ? Approved as noted ?at?Q?le?ill? N(' a8?01 If enclosures are not as listed as above, kindly notify us at once. p Q By: ?_S E P 6 2006 DENR - WATER QUALITY WETLANDS AND STORbM'ATER BRANCH Charlotte Office: 236 LePhillip Court, Suite C Greensboro Office: Concord, NC 28025 3817-C Lawndale Drive Phone: (704) 720-9405 Greensboro, NC 27455 Pax: (704) 720-9406 Phone: (336) 540-8234 Fax: (336) 540-8235 Remarks: ??: loll - l'l c )Q .0 Soil & Environmental Consultants, PA 11010 Raven Ridge Road • Raleigh, North Carolina 27614 • Phone: (919) 846-5900 • Fax: (919) 846-9467 L www.SandEC.com - September 5, 2006 S&EC Project ## 9881.w1 DWQ Project #06-1102 NCDENR-DWQ Attn: Ms. Cyndi Karoly 2321 Crabtree Blvd. Parkview Building Raleigh, NC 27604 RE: Response to the NCDWQ's 2°d Request for Additional Information Roslin Farms Hoke County Dear Ms. Karoly: On July 6, 2006 we submitted a permit application package the US Army Corps of Engineers (USACE) requesting written concurrence from the USACE to proceed utilizing Nationwide Permits 14 & 18. With this application, we copied the NCDWQ with two (2) copies of the application and supplemental information to satisfy the required notification for utilizing Nationwide Permit (NWP) 18 and Water Quality Certification (WQC) 3402. On July 25, 2006 we received a request for additional information dated July 19, 2006. This letter specifically requested a revised Pre-Construction Notification (PCN) Application, five (5) copies of this revised PCN and the appropriate fee of $200.00 for the written concurrence to utilized WQC 3404 (NWP 14). No further information was requested in this letter for the use of WQC 3402 (NWP 18). On August 2, 2006, we responded with a revised PCN, submitted five (5) copies and the appropriate fee of $200.00. On August 21, 2006 we received a second request for additional information dated August 15, 2006. In this letter you have requested that the impact from ditches ##1 and #2 be avoided. These impacts are being requested utilizing WQC 3402 (NWP 18). Because the requested impacts to "Waters of the State" are less than 150 linear feet of stream and less than 1/3 acres of wetlands (project east of I-95) and an individual certification was not requested by the NCDWQ, no written concurrence is required from the NCDWQ. However, you have additionally, requested that the Carolina Bay be shown on the plan sheet. The Carolina Bay is not going to be impacted and is being preserved as "open space", attached is an overall map indicating the location of the un-impacted Carolina Bay. We anticipate that this answers all of the NCDWQ's questions in order to complete the final review process for a 401 Water Quality Certification. Please call or email me at CF1oivers(a).4mrdEC.conr if you have any questions. Sincerely, Chris Flowers Wetland Scientist Attachments: • Overall Plan showing Carolina Bay (sheet 1 of 2) Charlotte Office: Greensboro Office: 236 LePhillip Court, Suite C 3817-E Lawndale Drive Concord, NC 28025 Greensboro, NC 27455 Phone: (704) 720-9405 Phone: (336) 540-8234 Fax: (704) 720-9406 Fax: (336) 540-8235 A a r?o P G >>o D.G 000, IR 401 I.4 ZA P2 1J N 46.44'16" W \ 280.00' \ s \ 76k1.50?'s?•,9?.2',, X16., E 1 ''•;• ?•1p,,9, 49 ' 50 31 ^ • ,9 OPEN SPACE 471 48 ' /32 : ?• ? 53 r' 46 34 )• ?-' 45 43 44 `' '• 3S 62 ' 61 41 i . +.' S6 <' J81 J9 40 63 -' -? 64 ` 60,'39 r 37 37 i 41 ` >'' t' 3d 331` 36 'PROPOS£0'.`,' `, 731'. 74 '65 34 SU801Y131ON 76 , "-- . 77 ; 73 32 24 " 1 11 23 21 178 ' 72 ?. - 311 >' `, 16 - - c (' . 27 20 ', - I , 68 l- >,- - I-, 79 71 ' 28 , 130 1 > 19 , I ? " 80 '. 69 29 WETLANDS r . 1 - J, 70 ' 81 1---- -- - -' ?' - 17 OPEN SPAcr I Q 11 11 " 1s I •?`? I 10 r', OF ra no, ra Ito I 12 9 r tj \ " I- r d - -" 14 .h9 I ?? I I 6 ? 3 2 81 as XC14? ra ao I y N 14446'15" W 83 e I I N 14.28'13" W I I 109.79' f 01.77' L--------------- --Af4"' 746" W ,, ,Nzy Ra SEE SHEET 2 of 2 R-1130.00' S1 TE C4N? L=208.17' A sq, Po1D n u # 2?f9 N 02.06'03" -R. 224J 118.68' VICINITY MAP LEGEND PROPERTY BOUNDARY ----------------- PROPOSED SUBDIVISION BAY (ISOLATED WETLANDS - NON JURISDICTIONAL) This certifies that this copy of this plat identifies as waters of the U.S or wetlands all areas of waters of the U.S, including wetlcnds, regulated pursuant to Section 404 of the Clean Water Act as determined by the undersigned on this date. Unless there is a change in the law or our published regulations, this determination of Section 404 jurisdiction may be relied upon for a period not to exceed five years from this date. This determination was made utilizing the 1987 Corps of Engineers Wetlands Delineation Manual." Name: Title: Date: 1 / FR\O'4p N 00.05'56" W 181.52' S,p ?1* J NOTE: TOTAL AREA OF TRACT IS 1 13.57 ACRES. CANAOY POND ROAD o S.R, 2249 2 2 0 A A o v ? ?a ?A cri SHEET 1 o f 2 WETLAND DELINEATION FOR ROSLEY FA.RIVS PROPERTY OF LANDFALL PARTNERS, LLC MCLAUCHLIN TWP. HOKE CO., N.C. SCALE. I"= 400' FEBRUARY 2006 -400 -200 0 400 800 1200 NO. L-2763 ??pi u r rrr?k? ???N CRt<;?'+?? 'I6 W a r?9o ?O y ? r =f o - -c Michael F. Easley, Governor William G. Ross Jr., Secretary North Carolina Department of Environment and Natural Resources August 15, 2006 CERTIFIED MAIL: RETURN RECEIPT REQUESTED Mr. Ralph Huff Landfall Partners, LLC P.O. Box 87555 Fayetteville, NC 28304 Subject Property: Roslin Farms UT to Cold Camp Creek [030753, 14-22-1-1, C, SW] REQUEST FOR MORE INFORMATION Dear Mr. Huff Alan W. Klimek, P.E. Director Division of Water Quality DWQ Project # 06-1102 Cumberland County On July 6, 2006, the Division of Water Quality (DWQ) received your application dated July 7, 2006 to impact 0.015 acres of wetland and 90 linear feet of perennial stream, to construct the proposed residential subdivision. On August 2, 2006, the DWQ received additional from you, however, the DWQ has determined that your application remains incomplete and/or provided inaccurate information as discussed below. The DWQ will require additional information in order to process your application to impact protected wetlands and/or streams on the subject property. Therefore, unless we receive five copies of the additional information requested below, we will have to move toward denial of your application as required by 15A NCAC 2H.0506 and will place this project on hold as incomplete until we receive this additional information. Please provide the following information so that we may continue to review your project. Additional Information Requested: 1. Please show the Carolina Bay on the plan sheet. This Office believes that the ditches labeled on the plans as "Ditch No. 2 and Ditch No. 3" are not required and impacts to the wetland should be avoided. Please revise the plans to avoid the impacts. Please contact the DWQ within three weeks of the date of this letter to verify that you have received this letter and that you remain interested in continuing to pursue permitting of your project and will be providing the DWQ the requested information at a later date. Please contact me in writing and Ken Averitte of the DWQ Fayetteville Regional Office. If we do not hear from you within three weeks, we will assume that you no longer want to pursue this project and we will consider the project as withdrawn. This letter only addresses the application review and does not authorize any impacts to wetlands, waters or protected buffers. Please be aware that any impacts requested within your application are not authorized (at this time) by the DWQ. Please call Ms. Cyndi Karoly or Mr. Ian McMillan at 919-733- 1786 if you have any questions regarding or would like to set up a meeting to discuss this matter. N0?e Carolina terrlJ!!lf 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: 919-733-1786 / FAX 919-733-6893 / Internet: h"p•//h2o enr state.nc.us/ncwetlands An Equal Opportunity/Affirmative Action Employer- 50% Recycled/10% Post Consumer Paper Landfall Partners, LLC Page 2 of 2 August 15, 2006 Sincerely, C Cyndi Karoly, Supervisor 401 Oversight/Express Review Permitting Unit CBK/ijm cc: Ken Averitte, DWQ Fayetteville Regional Office USACE Wilmington Regulatory Field Office File Copy Central Files Chris Flowers, S&EC, 11010 Raven Ridge Road, Raleigh, NC 27614 Filename: 061102RosiinFarms(Cu mberland)On_Hoid2 DWQ 06102 Roslin Farms 11 1 Subject: DWQ 06-1102 Roslin Farms From: Laurie Dennison <laurie.j.dennison@ncmail.net> Date: Wed, 16 Aug 2006 08:47:35 -0400 To: cflowers@sandec.com Please see attached the Division of Water Quality's request for more information related to your recent application. Please note that this message is being forwarded to you electronically so that you may expedite preparation of your response. Please do not send your response as a reply to this e-mail or via fax. The hard copy is being sent via US Mail. All response correspondence is to be mailed via hard copy to the 401 Oversight and Express Permits Unit, 2321 Crabtree Blvd., Raleigh, NC, 27604 unless otherwise noted. 061102RoslinFarms(Cumberland)On_Hold2.doe Content-Type: application/msword Content-Encoding: base64 1 of 1 8/16/2006 8:48 AM ® Soil & Environmental Consultants, PA 11010 Raven Ridge Road • Raleigh, North Carolina 27614 • Phone: (919) 846-5900 • Fax: (919) 846-_9467 www.SandEC.com j Transmittal To: NL- f106? Project #: qSV. W1 Date: '2)/a/06 AfVn: ayrd; Vwol? 21)( Cralkec Oyd. 5i. .25D 2i- a'O , ML 274,04 We Transmit to you Herewith: ? Drawings ? Specifications ? Brochures or photos Correspondence As per your request Project Name: KDS?Ir? ;"roS 0la -1 l 0'C). File: ? For your information and files Q? For-c x ent-.or approval ? Returned for correction, resubmit ? Approved as noted Under Separate Cover: ? By mail []' By courier ? By express No. Conies Document No. Date Description aVQ -110 " -- fn 'fie uzsl F>rr 6JJ. tlr)&rmY i'Dn - a o6 tc 2 1$2 QQ Remarks: If enclosures are not as listed as above, kindly notify us at once. By. C' 11?9U1t?ll?( 17 AUG 0 2 2006 : R - WATER C U; ! I TY r1"ET,? L'C ° J STC: Charlotte Office: 236 LePhillip Court, Suite C Concord, NC 28025 Phone: (704) 720-9405 Fax: (704) 720-9406 Greensboro Office: 3817-E Lawndale Drive Greensboro, NC 27455 Phone: (336) 540-8234 Fax: (336) 540-8235 ®v Soil & Environmental Consultants, PA 11010 Raven Ridge Road • Raleigh, North Carolina 27614 • Phone: (919) 846-5900 • Fax: (919) 846-9467 . 3 www.SandEC.com August 2, 2006 S&EC Project # 9881.w1 DWQ Project #06-1102 NCDENR-DWQ Attn: Ms. Cyndi Karoly 2321 Crabtree Blvd. Parkview Building Raleigh, NC 27604 RE: Response to Request for Additional Information Roslin Farms Hoke County Dear Ms. Karoly: On July 6, 2006 we submitted a permit application package to you on behalf of Landfall Partners, LLC. On July 25, 2006 we received a request for additional information dated July 19, 2006. In response to you request we hereby transmit the additional information to you. Please call or email me at CFlowersq?SandEC.com if you have any questions. Sincerely, 744,- Chris Flowers Wetland Scientist Attachments: • DWQ Application Fee • 5 copies of original PCN with attaclunents (July 3, 2006) Charlotte Off-ice: Greensboro Office: 236 LePhillip Court, Suite C 3817-E Lawndale Drive Concord, NC 28025 Greensboro, NC 27455 Phone: (704) 720-9405 Phone: (336) 540-8234 Fax: (704) 720-9406 Fax: (336) 540-8235 F- ?I -` Soil & Environmental Consultants, PA 11010 Raven Ridge Road Raleigh, North Carolina 27614 • Phone: (919) 846-5900 • Fax: (919) 846-9467 www.SandEC.coni Jul 3 2006 S&EC Project # 9881.w1 To: US Army Corps of Engineers Wilmington Regulatory Field Office Attn: Lillette Granade 69 Darlington Ave Wilmington, NC 28402 N.C. Division of Water Quality 401 Oversight and Express Permits Unit Attn: Cyndi Karoly 2321 Crabtree Boulevard, Suite 250 Raleigh, NC 27604-2260 From: Chris Flowers Soil & Environmental Consultants, P.A. 11010 Raven Ridge Road Raleigh, NC 27614 Re: Roslin Farms Cumberland County, NC On behalf of the owner, Landfall Partners LLC., please find attached a complete application and supplemental information requesting written concurrence from the U.S. Army Corps of Engineers (USACE) that the activities proposed below may proceed under Nationwide Permits 14 & 18 and General Water Quality Certifications 3404 & 3402. Please contact me at (919) 846-5900 if you have any questions or require additional information. In addition, please consider this application our request for a no practical alternatives determination. Also, two copies of the PCN form and supplemental information is being copied to the NC-DWQ to satisfy the required notification for projects using NWP 18. PROJECT SUMMARY Project Name Roslin Farms Project Type Residential Subdivision Owner / Applicant Landfall Partners LLC Count Cumberland Nearest Town Hope Mills Water Body Name UT to Cold Cam Creek Basin / Sub-basin Lumber 03-07-53 Index Number 14-22-1-1 Class C, Sw IMPACT SUMMARY Stream Impact (acres): 0.008 ac Wetland Impact acres : 0.015 ac Open Water Impact (acres): 0.0 ac Total Impact to Waters of the U.S. (acres) 0.023 ac Total Stream Impact (linear feet): 90, Total Impact to Buffers NA Attachments: • Pre-construction Notification (PCN) Application Form • Agent Authorization • USGS Map • Soil Survey Map • Impact Maps Charlotte Office: 236 LePhillip Court, Suite C Concord, NC 28025 Phone: (704) 720-9405 P.- Mul 7In-0anr; Greensboro Office: 3817-E Lawndale Drive Greensboro, NC 27455 Phone: (336) 540-8234 Fav• r336)5a0-8235 Office Use Only: Form Version March 05 USACE Action ID No. DWQ No. (O - ? k t7 -,?- (If any particular item is not applicable to this project, please enter "Not Applicable" oc "N/A".) 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: 14 & 18 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 Ecosystetn 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: ? II. Applicant Information v 1. Owner/Applicant Information AUG d 2 2006 Name: Landfall Partners, LLC ATTN: Ralph Huff Ty_ ETLiJ?OS i'Ji0 STCit?,s""`i ?Tu7 C2,',1;CH Mailing Address: P.O. Box 87555 15 ?tF) Fayetteville, NC 28304 Telephone Number: (910) 486-4864 Fax Number: 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: Chris Flowers Company Affiliation:_ Soil & Environmental Consultants, P.A. Mailing Address: 11010 Raven Ridge Road Raleigh, NC 27614 Telephone Number: (919) 846-5900 Fax Number: (919) 846-9467 E-mail Address: CFLOWERSDa SANDEC.COM Pagel 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: Roslin Farms 2. T.I.P. Project Number or State Project Number (NCDOT Only): N/A 3. Property Identification Number (Tax PIN): 0421-09-9279 4. Location County: Cumberland Nearest Town:_ Hope Mills Subdivision name (include phase/lot number): Roslin Farms Directions to site (include road numbers/names, landmarks, etc.): From Interstate 95 exit off at Chicken Foot Rd. and head East. Take the third right onto John McMillian Rd and then a right onto Roslin Farm Rd., the site is a half of mile on the left. 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): 34.9024 ON 78.9333 °W 6. Property size (acres): +/- 114 7. Name of nearest receiving body of water:-- Cold Camp Creek 8. River Basin: Lumber 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.enE.state.ne.us/admin/inaps/.) 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 wooded and old agriculture fields. The pronertwas primarily in sunflower farming The majority of the surrounding propgEly-Js agricultural with interspersed residential parcels. Page 2 of 9 10. Describe the overall project in detail, including the type of equipment to be used: The overall project is the constriction of a residential neighborhood. 11. Explain the purpose of the proposed work: The Vurpose of the property is to meet the p,rowing demand for residential housing in southern Cumberland County. 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. No prior permits were obtained for this site or project. S&EC conducted a jurisdictional wetland delineation on the property in January of 2006. In February 2006 the USACE confirmed S&EC's wetland delineation and issued a Notice of Jurisdictional Determination on February 17, 2006 (Action ID# 200600416. An application requesting JD/Sign-off and the issuance of a NWP 39 to cover impacts resulting from the installation of a culvert was sent the USACE on March 29, 2006. After reviewing the application it was determined by Lillette Granade of the USACE that a NWP 14 and 18 will be required not a NWP 39. 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 permits are anticipated at this time. 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 1. Provide a written description of the proposed impacts: Three impacts are proposed for this project. There is a proposed stream crossing which is necessary to access useable upland area, and two impacts proposed in wetlands resulting from the installation of filter-fabric and n12-rap. 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. NWP 18 / WQC #3402 Wetland Impact Type of Wetland Located within Distance to Area of Site Number Type of Impact (e.g., forested, marsh, 100-year Nearest Impact (indicate on map) herbaceous, bog etc.) Floodplain Stream (acres) , es/no linear feet 'Ditch #1 outlet_ Fill (rip-rap/ filter fabric) Early successional, riparian No 10, 0.0075 Ditch #2 outlet Fill (rip-rap/ filter fabric) Early successional, riparian No 10, 0.0075 Total Wetland Impact (acres) 0.015 3. List the total acreage (estimated) of all existing wetlands on the property: +/- 6 acres (total includes isolated Carolina Bay) 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. NWP 14 / WQC #3404 Stream Impact Perennial or Average Impact Area of Number Stream Name Type of Impact Intermittent? Stream Width Length Impact (indicate on map) Before Impact (linear feet) (acres) UT to Cold Camp Culvert and 4 Feet I Creek Stabilization Perennial 90 Feet 0.008 material Total Stream Impact (by length and acreage) 0.008 Acres 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, flooding, drainage, bulkheads, etc. Page 4 of 9 Open Water Impact Name Waterbody Type of Waterbody Area of Site Number (if applicable) e) Type of Impact (lake, Pand estuary, sound, bay, Impact indicate on ma ocean, etc. acres N/A N/A N/A N/A N/A Total Open Water Impact (acres) N/A 6. List the cumulative impact to all Waters of the U.S. resulting from the project: Stream Impact (acres): 0.008 Wetland Impact (acres): 0.015 Open Water Impact (acres): N/A Total Impact to Waters of the U.S. (acres) 0.023 Total Stream Impact linear feet): 90, 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. The isolated Carolina Bav will not be impacted and will be nreserved as onen space as well as for mitigation VuEposes. 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.): N/A Proposed use or purpose of pond (e.g., livestock watering, irrigation, aesthetic, trout pond, local stormwater requirement, etc.): N/A Current land use in the vicinity of the pond: N/A Size of watershed draining to pond: N/A Expected pond surface area: N/A 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 impact to the iurisdictional channel that the annlicant has nronosed is required to access useable upland area within the subdivision. The two impacts resulting from the installation of rip-rap and filter fabric are necessary for sediment and erosion control The applicant has Page 5 of 9 avoided all other jurisdictional areas with respect to their development plan. They have also proposed to cross the jurisdictional channel at a point where no jurisdictional wetlands occur adjacent to the channel thereby avoiding and minimizing the impacts to the jurisdictional wetlands on the property. 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/stnngidc.htm1. Provide a brief description of the proposed mitigation plan. The description should provide as much infonnation 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. Because the project is not in a special aquatic site and the impacts to the stream are less than 150 linear feet and wetland impacts are less than 1/10 acre we believe that no mitigation should be required for the proposed impacts. However, if mitigation is required the applicant proposes to preserve the unimpacted portions of the jurisdictional channel as well as the wetlands adjacent to it. All of the area outside of the proposed lot lines will be preserved in open space to satisfy county regulations. Page 6 of 9 The Carolina Bay will also be preserved in open space. The applicant proposes to use the preservation of the aforementioned areas to mitigate the proposed impacts. A copy of the preservation agreement between the county and the applicant was previously sent to the USACE for review. If additional restrictions or guidelines necessary for mitigation are required they can be added to the existing conservation easement to satisfy mitigation requirements. 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 (919) 715-0476 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 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 (919) 733-5083 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 ? 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 213 .0233 (Neuse), 15A NCAC 213 .0259 (Tar-Pamlico), 15A NCAC 02B .0243 (Catawba) 15A NCAC 213 .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 1 N/A 3 (2 for Catawba) N/A 2 N/A 1.5 N/A Total N/A 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. N/A 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.- The total proposed impervious surface for the site will be less than 20%. 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. Wastewater will be treated on-site by use of conventional septic systems. 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 an after-the-fact permit application? Yes ? No XIV. Cumulative Impacts (required by DWQ) Page 8 of 9 JAN-10-2006 11:55 P.02/03 Soil ,n ?r®nmentag ®atsultants, PA. 1101014vm Ridge izmd Rslag2s, Ncct;t Ctroli9a 2IG14 PticaG (91? 646-5900 raz: (919) ur?-9467 ., • wvgr.Ss?C?com Name: Phone: gio - ?? Projoct W=t:/Dcs*tiow 7? 0`,?. IN 1?? S&EC Proj ca # :I P a l • w l Date: ID .JAN lzoo& The Iagt of the Army U.S. A=y Cotpt of Enginects, Wilmkt= District P.O. Box 1890 Wilmington, NC 28402 Attn: G,.,1 6 8,- G-,-. r, - A Field Office: V./,' I 9-:L" Re: Wdlands ReLited Consulting and Permitting To Wham It May Concem 1, the current landowocr of taioipai-eftscial, hereby dmignate nad authorize Soil & Pnviraumc W Consultants, PA to act irx my behalf as my agtmt iuthc proccsaing of permit applications, to upon iogw,ea supplemental fi&n=don in Support of appliatiotis, tic. froru this day forward. The /Q ..- day of This notification supersedes any previous eotrespond=e coac=ing the agent for this project. NOTICE: This sathortzation, for 1 001ty and profetsivaai eourtuy reawas, is vaiid only for Covernmeat oMdAU to enter the property when accompanied by S&EC SUM You thotdd call 8,&EC to arrange a the meeting prior to rutting the site. t/. g- 4LOt}f Print property Owner's ot?afuat Property rice'scauE?q-Si cc: Ms. Cyndi 1Caroly ec W. Chris Flowers NCDENR-DWQ Soil & Envira=aaW Co=gW31s, PA 2321 Crabtree Boulevard It ei&b, NC 27604 Offim 736 LaPhilGp Court, Suite C 3817-E Lawndsle Drive Coccwd, NC 28025 Crealsboco, NC 27455 Phony (M4)720-040S Phone (336) 5404234 Fax: (704) 720.9406 Fax: (336) 540-8235 AGENT AUTHORIZAUON FORM 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://h 2o. en r. state. nc.us/ncwetlands. If no, please provide a short narrative description: We do not anticipate this project to act as a catalyst for further development. 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). 7/j /ot Applicant/Agent's Signature bate (Agent's signature is valid only if an authorization letter from the applicant is provided.) Pate 9 of 9 311 • '? ?! ' '/ r/. ? `ice'--/? \\ \\ ?? ?• ?.: A?-ZI-I.. 174 • ? \ , ? , ; . o! , ' ? ? `. - it ? .? d ?'? ?" fem. f .. t 1 ch, k v -__ ..?_?? _i -,. -`? ? {I B)? ? c Vii. r(t?IL:•t :? `. ? ,,;... --'1, r ?Ss._?4 \\ 'Fan; • ?? VSO, '';`?' ?` ?? ` ? \ ?=.. - ?_ '-µ. ? ? ; C?\ 'Cem Project No. Figure I - 1:24K USGS 9881 .W I Topographic Quadrangle Project Mgr.: Rollin Farms ' Soil & Environmental Consultants, PA CF 0 Jim Kizer 11010 Raven Ridge Rd. - Raleigh, NC 27614 Cumberland Count NC (919) 846-5900 • (919) 846-9467 Scale: Y, Web Page: www.SandMcom 1 2,000' Hope Mills Quadrangle 10 1 /24/06 APPROX. C/L STREAM - JURISDICTIONAL CHANNEL 20' DRAINAGE EASM'T? i I RIP-RAP STONE 4 STREAM BA t< I W/ FILTER FABRIC APRON LENGTH 22E I I I DBL. 36LT. ' HEADWALL 6' D.I.P. INV. OUT 162.00 6' PVC o - _ i - - M W 80-? ?Q CD ? IMPACTED ?IR 4' WIDE + RIP-RAP STONE 1 W/ FILTER FABRIC 0+24 RT. STREAM BANK 1 DBL. 36' HEADWALL 4' WIDE 11 INV. IN 162.05 A? fl 20' DRAINAGE EASM'T ; I 13 p APPROX. C/L STREAM - C, IIp JURISDICTIONAL CHANNEL IMPACTED AREA= 48'x 4' Plus Rip-Rap=360SF.= 0.008 AC. cD 170 160 2+00 3+00 VICINITY MAP ....Y Ra r0? Aa 4+00 ENGINEERS V V D PLANNERS SURVEYORS MOORMANXIZER & REITZEL,INC, 115 BROADFOOT AVE. FAYETTEVILLE, N. C_ 28303 PHDNE (910) 484-5191 FAX (910) 484-0388 WATERS OF THE US IMPACTION MAP ROSLIN FARMS SUBDIVISION PROPERTY ?F LANDFALL PARTNERS LLC Rockfish Twp. Cumberland Co., N.C, November 2005 RAWN BY DAM DATE 12-20-05 HECKED BY JMK.JR. SCALE 1 "= 40' Z %?z SEDIMENT BASIN 91"13" o\ o? 0 o ? r r r r e r _ r _ r r r r r r r ? r ?EDIMENT BASIN" A " (? ILL BE REMOVED) VICINITY MAP -le RD. PoND Ra ENGINEERS 9 D PLANNERS SURVEYORS OEIRMAN,KIZER & REITZEL,INC, 115 BROADFOOT AVE. FAYETTEVILLE, N.C. 28305 PHONE (910) 484-5191 FAX (910) 484-0388 WETLAND IMPACTION MAP FOR DRAINAGE DITCH #1 & #2 ROSLIN FARMS SUBDIVISION PROPERTY ?F LANDFALL PARTNERS LLC Rockfish Twp. Cumberland Co., N.C. November 2005 RAWN BY DAM DATE 6-14-06 HECKED BY DAM SCALE 1 "= 40' PPROVED BY A Sheet 1 of 2 RIP-RAP W/ FILTER FABRIC - ro A F? RIP-RAP W/ FILTER FABRIC n \ `tiy < DITCH #1 OUTLET IMPACTED AREA=Rip-Rap Stone & Filter Fabric=336 SF.= 0.0075 AC. DITCH #2 OUTLET IMPACTED AREA=Rip-Rap Stone & Filter Fabric=336 SF.= 0.0075 AC. "INSERT MAP" VICINITY MAP ,OKD R. ENGINEERS o PLANNERS O SURVEYORS M??RMAN,KIZER & REITZEL,INC. 115 BROADFOOT AVE. FAYETTEVILLE, N.C. 28305 PHONE (910) 484-5191 FAX (910) 484-03881 WETLAND IMPACTION MAP FOR DRAINAGE DITCH #1 & #2 ROSLIN FARMS SUBDIVISION PROPERTY OF LANDFALL PARTNERS LLC Rockfish Twp, Cumberland Co., N.C. November 2005 ;AWN BY DAM DATE 6-14-06 IECKED BY DAM SCALE 1 40' PROVED BY A Sheet 2 of 2 S. _ F :-A 0 ''F sir '. Soil & Environmental Consultants, PA 11010 Raven Ridge Road • Raleigh, North Carolina 27614 • Phone: (919) 846-5900 • Fax: (919) 846-9467 To: US Army Corps of Engineers Wilmington Regulatory Field Office Attn: Lillette Granade 69 Darlington Ave Wilmington, NC 28402 From: Chris Flowers Soil & Environmental Consultants, P.A. 11010 Raven Ridge Road Raleigh, NC 27614 Re: Roslin Farms Cumberland County, NC o?0 -1102. On behalf of the owner, Landfall Partners LLC., please find attached a complete application and supplemental information requesting written concurrence from the U.S. Army Corps of Engineers (USACE) that the activities proposed below may proceed under Nationwide Permits 14 & 18 and General Water Quality Certifications 3404 & 3402. Please contact me at (919) 846-5900 if you have any questions or require additional information. In addition, please consider this application our request for a no practical alternatives determination. Also, two copies of the PCN form and supplemental information is being copied to the NC-DWQ to satisfy the required notification for projects using NWP 18. PROJECT SUMMARY Project Name Roslin Farms Project Type Residential Subdivision Owner / Applicant Landfall Partners LLC Count Cumberland Nearest Town Hope Mills Water Body Name UT to Cold Cam Creek Basin / Sub-basin Lumber 03-07-53 Index Number 14-22-1-1 . Class C, SW IMPACT SUMMARY Stream Impact (acres): 0.008 ac Wetland Impact acres : 0.015 ac Open Water Impact (acres): 0.0 ac Total Impact to Waters of the U.S. (acres) 0.023 ac Total Stream Impact (linear feet): 90, Total Impact to Buffers NA Attachments: • Pre-construction Notification (PCN) , • Application Form Agent Authorization L) I,? • USGS Map a L • Soil Survey Map AUG 0 2 2006 • Impact Maps Charlotte Office: Greensboro Office: 236 LePhillip Court, Suite C 3817-E Lawndale Drive Concord, NC 28025 Greensboro, NC 27455 Phone: (704) 720-9405 Phone: (336) 540-8234 Fax: (704) 720-9406 Fax: (336) 540-8235 www.SandEC.com July 3, 2006 S&EC Project # 9881.w1 N.C. Division of Water Quality 401 Oversight and Express Permits Unit Attn: Cyndi Karoly 2321 Crabtree Boulevard, Suite 250 Raleigh, NC 27604-2260 Office Use Only: Fonn Version March 05 USACE Action ID No. DWQ No. OLo - k1 u 2- (if any particular item is not applicable to this project, please enter "Not Applicable" of "NIA".) 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: 14 & 18 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: H. Applicant Information 1. Owner/Applicant Information AUG 0 :2 2006 Name: Landfall Partners, LLC A71 N: Ralph Huff ? ) ??,:-v, • , -:< c.:_':, I !TY ?ICill-'e U•'t !'J S'.) J I?'? ?,:iVill Lip Gifi ??Ci?i Mailing Address: P.O. Box 87555 Fayetteville, NC 28304 Telephone Number: (910) 486-4864 Fax Number: 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: Chris Flowers Company Affiliation: Soil & Environmental Consultants. P.A. Mailing Address:11010 Raven RidQc Road Raleiy,h, NC 27614 Telephone Number: (919) 846-5900 Fax Number: (919) 846-9467 E-mail Address: CFLOWERSPSANDEC.COM 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: Roslin Farms 2. T.I.P. Project Number or State Project Number (NCDOT Only): N/A 3. Property Identification Number (Tax PIN): 0421-09-9279 4. Location County: Cumberland Nearest Town: Hope Mills Subdivision name (include phase/lot number): Roslin Farms Directions to site (include road numbers/names, landmarks, etc.): From Interstate 95 exit off at Chicken Foot Rd. and head East. Take the third right onto John McMIllian Rd and then a right onto Roslin Farm Rd., the site is a half of mile on the left 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): 34.9024 ON 78.9333 °W 6. Property size (acres): +/- 114 7. Name of nearest receiving body of water: Cold Camp Creek 8. River Basin: Lumber 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 site is currently wooded and old agriculture fields. The property was primarily in sunflower farming The majority of the surrounding propert?is agricultural with interspersed residential parcels Page 2 of 9 10. Describe the overall project in detail, including the type of equipment to be used: The overall project is the construction of a residential neighborhood. 11. Explain the purpose of the proposed work: The purpose of the property is to meet the growing demand for residential housing in southern Cumberland County. 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. No prior permits were obtained for this site or project. S&EC conducted a jurisdictional wetland delineation on the property in January of 2006 In February 2006 the USACE confirmed S&EC's wetland delineation and issued a Notice of Jurisdictional Determination on February 17, 2006 (Action ID# 200600416 An application requesting JD/Sign-off and the issuance of a NWP 39 to cover impacts resulting from the installation of a culvert was sent the USACE on March 29, 2006. After reviewing the application it was determined by Lillette Granade of the USACE that a NWP 14 and 18 will be required not a NWP 39. 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 permits are anticipated at this time. 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 1. Provide a written description of the proposed impacts: Three impacts are proposed for this project. There is a proposed stream crossing which is necessary to access useable upland area, and two impacts proposed in wetlands resulting from the installation of filter-fabric and rip-rap. 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. NWP 18 / WQC #3402 Wetland Impact Type of Wetland Located within Distance to Area of Site Number Type of Impact (e.g., forested, marsh, 100-year Nearest Impact (indicate on map) herbaceous, bog, etc.) Floodplain Stream (acres) es/no linear feet Ditch #1 outlet Fill (rip-rap/ filter fabric) Early successional, riparian No 10, 0.0075 Ditch #2 outlet Fill (rip-rap/ filter fabric) Early successional, riparian No 10, 0.0075 Total Wetland Impact (acres) 0.015 3. List the total acreage (estimated) of all existing wetlands on the property: +/- 6 acres (total includes isolated Carolina Bay) 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. NWP 14 / WQC #3404 Stream Impact Perennial or Average Impact Area of Number Stream Name Type of Impact Intermittent? Stream Width Length Impact (indicate on map) Before Impact (linear feet) (acres) UT to Cold Camp Culvert and 4 Feet I Creek Stabilization Perennial 90 Feet 0.008 material Total Stream Impact (by length and acreage) 0.008 Acres 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, flooding, drainage, bulkheads, etc. Page 4 of 9 Open Water Impact Name of Waterbody Type of Waterbody Area of Site Number (if applicable) Type of Impact (lake, pond, estuary, sound, bay, Impact indicate on ma ocean, etc. acres N/A N/A N/A N/A N/A Total Open Water Impact (acres) N/A 6. List the cumulative impact to all Waters of the U.S. resulting from the project: Stream Impact acres): 0.008 Wetland Impact acres : 0.015 Open Water Impact acres): N/A Total Impact to Waters of the U.S. acres 0.023 Total Stream Impact (linear feet): 90, 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. The isolated Carolina Bay-will not be impacted and will be nreserved as open snace as well as for mitigation 12uMoses. 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.): N/A Proposed use or purpose of pond (e.g., livestock watering, irrigation, aesthetic, trout pond, local stormwater requirement, etc.): N/A Current land use in the vicinity of the pond: N/A Size of watershed draining to pond: N/A Expected pond surface area: N/A 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 impact to the iurisdictional channel that the apnlicant has nronosed is reauired to access useable upland area within the subdivision. The two impacts resulting from the installation of rip-rap and filter fabric are necessary for sediment and erosion control The applicant has Page 5 of 9 avoided all other jurisdictional areas with respect to their development plan. They have also proposed to cross the jurisdictional channel at a point where no jurisdictional wetlands occur adjacent to the channel thereby avoiding and minimizing the impacts to the jurisdictional wetlands on the property. 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/stnnaidc.htm1. 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. Because the project is not in a special aquatic site and the impacts to the stream are less than 150 linear feet and wetland impacts are less than 1/10 acre we believe that no mitigation should be required for the proposed impacts. However, if mitigation is required the applicant proposes to preserve the unimpacted portions of the jurisdictional channel as well as the wetlands adjacent to it All of the area outside of the proposed lot lines will be preserved in open space to satisf county regulations. Page 6 of 9 The Carolina Bay will also be preserved in open space. The applicant proposes to use the preservation of the aforementioned areas to mitigate the proposed impacts. A copy of the preservation agreement between the county and the applicant was previously sent to the USACE for review. If additional restrictions or guidelines necessary for mitigation are required they can be added to the existing conservation easement to satisfy mitigation requirements. 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 (919) 715-0476 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 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 (919) 733-5083 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 ? 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 (Meuse), 15A NCAC 2B 2B .0250 (Randleman identify protected riparian buffers identified within 15A NCAC 2B .0233 .0259 (Tar-Pamlico), 15A NCAC 02B .0243 (Catawba) 15A NCAC Rules and Water Supply Buffer Requirements), or other (please )? 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 1 N/A 3 (2 for Catawba) N/A 2 N/A 1.5 N/A Total N/A 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. XI. XII. 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. 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. The total proposed impervious surface for the site will be less than 20%. 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. Wastewater will be treated on-site by use of conventional septic systems. 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 an after-the-fact pen-nit application? Yes ? No XIV. Cumulative Impacts (required by DWQ) Page 8 of 9 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: We do not anticipate this project to act as a catalyst for further development. 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 9 of 9 JAN-10-2006 11:55 P.02/03 soil & Ln ironmental Consultants, PA 1101014van Ridge Road Raleigi:, Noo Ctmiirsa 27614 • ra= (919) 846.5900 • Paz: (919) 5464467 Name: Address: Alone: cyo -- ! PXo- 4g7 Project Wame/Dc=46ou: 7e O? !N rA6?w1 S&EC Pmj ax # ?f 8_ A / w 1 Date: to ",JAN /ZOO& Uc DcP==cat of the A=y U.S. Army Cotps of Engineers, Wilmiogm District P.O. Bas 1890 Wire NC 26402 Attm L,'It e, Af G-?A Field Office: w; I ?'?? Re: Wetlands Related Consulting and Permitting To Whom It May Concern: L the currant lattdowtncr c+e oiptsi Tjc zl? hereby dmignate and authorize Soil & Enviroumcntal Consultants, PA to as in my behalf as my ngcnt iAtht proccuing of permit applications, to Wh upon r pest supplctnc W infotmstion in support of applicadons, ac. from this day forward. The day of. This notification sup=cdes any pervious eotrespond=e concuniug the agent for this project. NOTICE: This Authorization, for 110111ty and professional courtesy reasons, [s valid only for goverunuat officials to eater the property when accompaulod by S&EC staff: You should call SjzEC to arrange a site meeting prior to vicitine the site. a. Print PropCAY Owner's ft-M=fti Property s a € iab'i-Si?stiinrc cc: Ms. Cyndl Karoly cc: Mr. Chds Flowets NCDENR - DW Q Soil & Enviro=eatal Consultants, PA 2321 Crabtree Boulevard ltaloigh, NC 27604 C rlcmofliz 3817-EI.ewndaleDtive 236 4Phillip CauR, Suite C Conwrd,NC 29025 Crmaibao, NC 274$5 Phony (704) 710-4405 Phony. (336) 5404234 Fax: (704) 720.9406 Fax: (336) 540-8235 AGENT' AUTHORIZATION FORM `` ? ,33.1 orlr? ?. 1 as >s 16 ?i , allber?q ?. ay/ ?/ \ \\ Mon , ?? - I ( ..`sW 'T'r 1.( ?;' y?/? t.?_.,j •"'-s-I 4 `til l ? of \ 1^ ' ` " ` ' • ? ?,/,t, '"' 2119 I\! V A( ?.` •• r y°? + ' era" , /'! y5 \? 1\ 5 a \ w Project No. FIGJure I - I :24K USGS 9881 .W I Topographic Quadrangle Protect Mgr.: KoSlln Farms f • cr p Soil & Environmental Consultants, PA Jim Kizer 11010 Raven Ridge Rd.- Raleigh, NC 27614 scale: Cumberland County, NC (919) 846-5900 • (919) 846 9467 Web Page: www.SandEC.com 1" = 2,000' Hope M1115 Quadrangle 011241OG f Project No. Figure 2 - NRCS Soil 988 l .w I Survey Map Project Mgr.: ROSIIn Farms Soil & Environmental Consultants, PA Chris FLower5 Jim Kizer a{ 11010 Raven Ridge Rd.- Raleigh, NC 27614 scale: Cumbeland County NC (919) 846-5900 - (919) 846-9467 ' , Web Page: www.SandEC.com 1 2,000 -? C l b d H k C um er an ounty o e 01 124106 Soil Survey APPROX. C/L STREAM - JURISDICTIONAL CHANNEL 20' DRAINAGE EASM'T? i 1 STREAM BA?K 1 4 4' WIDE I 1 11 1 I APRON LENGTH-22' 6' D.I.P. A' PVC C-) ( R) O co RIP-RAP STONE W/ FILTER FABRIC 0+24 LT. DBL. 36' HEADWALL INV. OUT 162.00 ? S IMPACTED E'A_ 4' WIDE RIP-RAP STONE 1 W/ FILTER FABRIC 0+24 RT. 4 STREAM BA 4' WIDE NK i DBL. I I INV. 36' HEADWALL IN 162.05 A? 20' DRAINAGE EASM'T 13 ,l APPROX. C/L STREAM - 11 O JURISDICTIONAL CHANNEL IMPACTED AREA= 48'x 4' Plus Rip-Rap=360S F.= 0.008 AC. M t\ cD 170 160 VICINITY MAP N.T.S. -.v 0. rt"y R4 4+00 ENGINEERS D PLANNERS SURVEYORS MOORMAN,KIZER & REITZEL,INC. 113 BROADFOOT AVE. FAYETTEVILLE, N.C. 28303 PHONE (910) 484-3191 FAX (910) 484-0388 WATERS?F THE US IMPACTION MAP ROSLIN FARMS SUBDIVISION PROPERTY ?F LANDFALL PARTNERS LLC Rockfish Twp, CumberLQnci Co„ N,C. November 2005 ;AWN BY DAM DATE 12-20-05 IECKED BY JMK JR. SCALE 1 "= 40' PROVED BY A of 2+00 3+00 U- U e- u // SEDIMENT BASIN "5" 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 I ?EDIMENT BASIN" A " (PILL BE REMOVED) mac-' ? VICINITY MAP -4 F.D. ?Y PAD Ra 22?_ ENGINEERS ° D PLANNERS SURVEYORS M??RMAN,KIZER & REITZEL,INC. 115 DROADFCOT AVE. FAYETTEVILLE, N.C. 28305 PHONE (910) 484-5191 FAX (910) 484-0388 1 WETLAND IMPACTION MAP FOR DRAINAGE DITCH #1 & #2 ROSLIN FARMS SUBDIVISION PROPERTY ?F LANDFALL PARTNERS LLC Rockfish Twp. Cumberland Co., N.C. DRAWN BY DAM DATE 6-14-06 CHECKED BY DAM SCALE 1 "= 40' 1 RIP-RAP W/ FILTER FABRIC ??TRFADk C . F? DITCH #1 OUTLET IMPACTED AREA=Rip-Rap Stone & Filter Fabric=336 SF.= 0.0075 AC. RIP-RAP W/ FILTER FABRIC i DITCH #2 OUTLET IMPACTED AREA=Rip-Rap Stone & Filter Fabric=336 SF.= 0.0075 AC. "INSERT MAP// DI D VwZER Cw i, RD ENGINEERS PLANNERS O SURVEYORS MDORMAN,KIZER & REITZEL,INC, 115 BROADFOOT AVE. FAYETTEVILLE, N.C. 28305 D? Qa PHONE (910) 484-5191 FAX (910) 484-0388. sv+ c??+r WETLAND IMPACTION MAP FOR DRAINAGE DITCH #1 & #2 ryr SITE ROSLIN FARMS SUBDIVISION lp? f PIINy RD• 9f?9 Svt, 22.0 PROPERTY ?F s LANDFALL PARTNERS LLC ROSLIN FARM RD. S.R. 2243 Rockfish Twp. Cumberland Co., N.C. November 2005 A DRAWN BY DAM DATE 6-14-06 VICINITY MAP CHECKED BY DAM SCALE 1 "= 40' APPROVED BY A Sheet 2 of 2 A r r_ Soil & Environmental Consultants, PA 11010 Raven Ridge Road • Raleigh, North Carolina 27614 • Phone: (919) 846-5900 • Fax: (919) 846-9467 www.SandEC.coni July 3, 2006 S&EC Project # 9881.w1 To: US Army Corps of Engineers Wilmington Regulatory Field Office Attn: Lillette Granade 69 Darlington Ave Wilmington, NC 28402 From: Chris Flowers Soil & Environmental Consultants, P.A. 11010 Raven Ridge Road Raleigh, NC 27614 Re: Roslin Farms Cumberland County, NC N.C. Division of Water Quality 401 Oversight and Express Permits Unit Attn: Cyndi Karoly 2321 Crabtree Boulevard, Suite 250 Raleigh, NC 27604-2260 On behalf of the owner, Landfall Partners LLC., please find attached a complete application and supplemental information requesting written concurrence from the U.S. Army Corps of Engineers (USACE) that the activities proposed below may proceed under Nationwide Permits 14 & 18 and General Water Quality Certifications 3404 & 3402. Please contact me at (919) 846-5900 if you have any questions or require additional information. In addition, please consider this application our request for a no practical alternatives determination. Also, two copies of the PCN form and supplemental information is being copied to the NC-DWQ to satisfy the required notification for projects using NWP 18. PRO]FrT SI 1MMARY Project Name Roslin Farms Project Type Residential Subdivision Owner / Applicant Landfall Partners LLC Count Cumberland Nearest Town Hope Mills Water Body Name UT to Cold Cam Creek Basin / Sub-basin Lumber 03-07-53 Index Number 14-22-1-1 Class C, SW IMPACT SUMMARY Stream Impact (acres): 0.008 ac Wetland Impact acres : 0.015 ac Open Water Impact (acres): 0.0 ac Total Impact to Waters of the U.S. (acres) 0.023 ac Total Stream Impact (linear feet): 90' Total Impact to Buffers NA Attachments: • Pre-construction Notification (PCN) Application Form • Agent Authorization ?? - • USGS Map • Soil Survey Map • Impact Maps ? AUG 0 2 2006 r}c. Charlotte Office: 1rE1Uu<'US?I ?1C" ?r,T'3Er? T;Cii Greensboro Office: 236 LePhillip Court, Suite C 3817-E Lawndale Drive Concord, NC 28025 Greensboro, NC 27455 Phone: (704) 720-9405 Phone: (336) 540-8234 P-- (70s) TM-040r, Fly- (ii(i) 5,in_9735 Office Use Only: Form Version March 05 USACE Action ID No. DWQ No. O to - \ \ O _,?- (If any particular item is not applicable to this project, please enter "Not Applicable" or "N/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: 14 & I 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: ? II. Applicant Information j^ j ???? ?!?)? ?; 11U t=. U 1. Owner/Applicant Infonnation AUG 0 2, 2006 Name: Landfall Partners, LLC ATTN: Ralph Huff Mailing Address: P.O. Box 87555 Fayetteville, NC 28304 Telephone Number:_ (910) 486-4864 Fax Number: 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: Chris Flowers Company Affiliation: Soil & Environmental Consultants, P.A. Mailing Address: 11010 Raven Ridge Road Ralei_h, NC 27614 Telephone Number: (919) 846-5900 Fax Number: (919) 846-9467 E-mail Address: CFLOWERS a,SANDEC.COM Page I 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: Roslin Farms 2. T.I.P. Project Number or State Project Number (NCDOT Only): N/A 3. Property Identification Number (Tax PIN): 0421-09-9279 4. Location County: Cumberland Nearest Town: Hope Mills Subdivision name (include phase/lot number): Roslin Farms Directions to site (include road numbers/names, landmarks, etc.): From Interstate 95 exit off at Chicken Foot Rd. and head East. Take the third right onto John McMlllian Rd. and then a right onto Roslin Farm Rd., the site is a half of mile 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): 34.9024 ON 78.9333 °W 6. Property size (acres): +/- 114 7. Name of nearest receiving body of water:- Cold Camp Creek 8. River Basin: Lumber 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.tic.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 site is currently wooded and old agriculture fields. The property was primarily in sunflower fanning. The majority of the surrounding propert is a,gricultural with interspersed residential parcels. Page 2 of 9 10. Describe the overall project in detail, including the type of equipment to be used: The overall project is the construction of a residential neighborhood. 11. Explain the purpose of the proposed work: The purpose of the property is to meet the growing demand for residential housing in southern Cumberland County. IV. Prior Project History If jurisdictional detenninations 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. No prior pen-nits were obtained for this site or project. S&EC conducted a jurisdictional wetland delineation on the property in January of 2006. In February 2006 the USACE confirmed S&EC's wetland delineation and issued a Notice of Jurisdictional Determination on February 17, 2006 (Action ID# 200600416). An application requesting JD/Sign-off and the issuance of a NWP 39 to cover impacts resulting from the installation of a culvert was sent the USACE on March 29, 2006. After reviewing the application it was determined by Lillette Granade of the USACE that a NWP 14 and 18 will be required not a NWP 39. 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 pennits are anticipated at this time. VI. Proposed Impacts to Waters of the United States/Waters of the State It is the applicant's (or agent's) responsibility to detennine, 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 1. Provide a written description of the proposed impacts: Three impacts are proposed for this project. There is a proposed stream crossing which is necessary to access useable upland area, and two impacts proposed in wetlands resulting from the installation of filter-fabric and rip-rap. 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. NWP 18 / WOC #3402 Wetland Impact Type of Wetland Located within Distance to Area of Site Number Type of Impact (e.g., forested, marsh, 100-year Nearest Impact (indicate on map) herbaceous, bog, etc.) Floodplain Stream (acres) es/no linear feet Ditch #1 outlet Fill (rip-rap/ filter Early successional, riparian No 10, 0.0075 fabric) Ditch #2 outlet Fill (rip-rap/ filter fabric) Early successional, riparian No 10, 0.0075 Total Wetland Impact (acres) 0.015 3. List the total acreage (estimated) of all existing wetlands on the property: +/- 6 acres (total includes isolated Carolina Bay) 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. NWP 14 / WOC #3404 Stream Impact Number (indicate on map) Stream Name Type of Impact Perennial or Intermittent? Average Stream Width Before Impact Impact Length (linear feet) Area of Impact (acres) UT to Cold Camp Culvert and 4 Feet I Creek Stabilization Perennial 90 Feet 0.008 material Total Stream Impact (by length and acreage) 0.008 Acres 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, flooding, drainage, bulkheads, etc. Page 4 of 9 Open Water Impact Name waterbody Type of Waterbody Area of Site Number (if applicable) Type of Impact (lake. Pond, estuary, sound, bay, Impact indicate on ma ocean, etc. acres N/A N/A N/A N/A N/A Total Open Water Impact (acres) N/A 6. List the cumulative impact to all Waters of the U.S. resulting from the project: Stream Impact (acres): 0.008 Wetland Impact (acres): 0.015 Open Water Impact (acres): N/A Total Impact to Waters of the U.S. (acres) 0.023 Total Stream Impact (linear feet): 90, 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. The isolated Carolina Bav will not be impacted and will be preserved as onen space as well as for mitigation Vu!poses. 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.): N/A Proposed use or purpose of pond (e.g., livestock watering, irrigation, aesthetic, trout pond, local stormwater requirement, etc.): N/A Current land use in the vicinity of the pond: N/A Size of watershed draining to pond: N/A Expected pond surface area: N/A 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 impact to the iurisdictional channel that the annlicant has nronosed is required to access useable upland area within the subdivision. The two impacts resulting from the installation of rip-rap and filter fabric are necessary for sediment and erosion control. The applicant has Page 5 of 9 avoided all other jurisdictional areas with respect to their development plan. They have also proposed to cross the jurisdictional channel at a point where no jurisdictional wetlands occur adjacent to the channel thereby avoiding and minimizing the impacts to the jurisdictional wetlands on the property. 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 D`VQ's Draft Technical Guide for Stream Work in North Carolina, available at http://h2o.enr.state.nc.us/ncwetiands/stnngide.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. Because the project is not in a special aquatic site and the impacts to the stream are less than 150 linear feet and wetland impacts are less than l/10 acre we believe that no mitigation should be required for the proposed impacts. However, if mitigation is required the applicant proposes to preserve the unimpacted portions of the jurisdictional channel as well as the wetlands adjacent to it. All of the area outside of the proposed lot lines will be preserved in open space to satisfy county regulations. Page 6 of 9 The Carolina Bay will also be preserved in open space. The applicant proposes to use the preservation of the aforementioned areas to mitigate the proposed impacts. A copy of the preservation agreement between the county and the applicant was previously sent to the USACE for review. If additional restrictions or guidelines necessary for mitigation are required they can be added to the existing conservation easement to satisfy n,iti afi tion requirements. 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 (919) 715-0476 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/wM/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) 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 (919) 733-5083 to review current thresholds for environmental documentation. Yes ? No ? If yes, has the document review been finalized by the State Clearinghouse? If so, please attach a copy of the NEPA or SEPA final approval letter. Yes ? No ? 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 213.0259 (Tar-Pamlico), 15A NCAC 0213.0243 (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 1 N/A 3 (2 for Catawba) N/A 2 N/A 1.5 N/A Total N/A 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. 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 213.0242 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. The total proposed impervious surface for the site will be less than 20%. 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. Wastewater will be treated on-site by use of conventional septic systems. 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 an after-the-fact pennit application? Yes ? No XIV. Cumulative Impacts (required by DN11Q) Page 8 of 9 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: We do not anticipate this project to act as a catalyst for further development. 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). 7 j ?ot Applicant/Agcnt's Signature Date (Agent's signature is valid only if an authorization letter from the applicant is provided.) Page 9 of 9 JAN-10-2036 11:55 Name: Phone: onmental P.02/03 Consultants, PA I= (919) M6-5900 - Fu: (919) 946-9461 Projcct W==M=* on: ?Ozo?/N S&EC Proj ect # Q a Datc: /D JAN /zw& n%c Dep r%t cf the Army U.S. Army Corps of Engineers, WUmixl District P.O. Box 1890 Vrilmiagtaa, NC 28442 Arta: G,-f 1 eA- Re: Wetlands Related Comsulting and Permitting To Whom It may Concern: I, the eurrcat Landowner a oiptd-efl3tK hereby a=pate and authorize SOU h Mviro==tal COASWW&- PA to act in my behalf as my agent iatht Pme'dug of pcrM1t applications, to Wh upon Tcx?ucst supplemental fi&n=don in supportof appliaatiotu, etc. from this day forward. The day of A14 X11 417 . This notification supmedes any pm -sous eow:gvndatcc couceming the agent for this project. NOTICE: This A91thorIZZ60n, for 1l&bWty And profrMoaal courteq reaeous, Es vaUd oWy for Covernmant 0MCIab to eater the property when accompatdod by S&EC stsf - You should cart 6&EC to arranCe a Site meeting prior to vW inc the Sue. 0. 0/' ?' Print Property Owner's or itipol A? Propedy ?6 cc: M8. Cyndi Kuoly co: Mr. Chris Flowers NMENR _ DWQ Soil & Enviromnental CoosiAw ts, PA 2321 Crabtree Boulevard Maieb, NC 27604 236 IzPhillip Caur% Suitt C 3817-E Lmvndalc DtiYc Concord, NC 28025 ca-cm,boco. NC 27455 Phony (704) 720-9405 Phone (336) 540-8234 Pax: (704) 720.9406 Fax: (336) 540-8235 AGENT.AUTHORIZA17ION FORM ? •''3,'11 • I `i1i % \` ;* J \? ? \\? ?? / ?\\ rs •6 \atllierri l., ay, 'V N 174 .,;? 1 •\ \`4 .? Way, ? ?? ? a 1? j• ?? sg ? T`??; „? 1 ?. i ? `: \? C) ? - t ?/'??.-y -?, ? ,_( a •? V) J 1 ?_? r :Cam Project No. FlcJure I - 1:24K USGS 955IM I Topographic Quadrangle Project Mgr.: Rosim Farms Soil & Environmental Consultants, PA CF _ Jim Kizer ?*,? 11010 Raven Ridge Rd. Raleigh, NC 27614 scale: Cumberland County, NC ?' (919) 846 5900 -(919)846 9467 Web Page: www.SandEC.com 1' = 2,000' Hope W15 Quadrangle O 1 /24/06 Cumberland ? Hoke County O I /24/06 Soil Survey APPROX. C/L STREAM - JURISDICTIONAL CHANNEL 20' DRAINAGE EASM'T? i 1 I 4 STREAM BA ti 4' WIDE I I 1 APRON LENGTH-22' I I 6' D.I.P. O O o ---4 W RIP-RAP STONE W/ FILTER FABRIC 0+24 LT. DBL. 36' HEADWALL INV. OUT 162.00 ? , IMPACTED-MU 4' WIDE co a RIP-RAP STONE 1 14 W/ FILTER FABRIC + 0+24 RT. STREAM BANK DBL. 36' HEADWALL 4' WIDE 11 INV. IN 162.05 A8 f 20' DRAINAGE EASM'T ; I 13 I? APPROX. C/L STREAM - 110 JURISDICTIONAL CHANNEL IMPACTED AREA=-48'x 4' Plus Rip-Rap= 3 60 SF.= 0 . 0 0 8 AC. r\ r` cD 170 160 VICINITY MAP N.T.C. .-If RA raRD RD. 4+00 ENGINEERS D PLANNERS D SURVEYORS MOORMAN,KIZER & REITZEL,INC, 115 BROADFOOT AVE FAYETTEVILLE, N.C. 28303 PHONE (910) 484-5191 FAX (910) 484-0388 WATERS ?F THE US IMPACTION MAP ROSLIN FARMS SUBDIVISION PROPERTY ?F LANDFALL PARTNERS LLC Rockfish Twp. Cumberland Co., N.C, November 2005 RAWN BY DAM DATE 12-20-05 11 NECKED BY JMK.JR. SCALE 1 40' 2+00 3+00 SEDIMENT BASIN "B" r r r e t _ r _ r r r r r e r SEDIMENT BASIN" A " (PILL BE REMOVED) VICINITY MAP )Y PAD RA 224^_ ENGINEERS o D PLANNERS 0 SURVEYORS MOORMAN,KIZER & REITZEL,INC, 115 BROADFOOT AVE. FAYETTEVILLE, N.C. 28305 PHONE (910) 484-5191 FAX (910) 484-0388 WETLAND IMPACTION MAP FOR DRAINAGE DITCH #1 & #2 ROSLIN FARMS SUBDIVISION PROPERTY OF LANDFALL PARTNERS LLC Rockfish Twp. Cumberland Co., N.C. November 2005 DRAWN BY DAM DATE 6-14-06 CHECKED BY DAM SCALE 1 lp= 40' ? RIP-RAP W/ FILTER FABRIC B ITCH #1 OU TLET IMPACTED AREA=Rip-Rap Stone & Filter Fabric=336 SF.= 0.0075 AC. RIP-RAP W/ FILTER FABRIC n DITCH #2 ?UTLET IMPACTED AREA=Rip-Rap Stone & Filter Fabric=336 SF.= 0.0075 AC. "INSERT MAP// v 0. G?'DY A? SIM SITE ?+D An sspy( w 2249 RDSLIN FARM RD. S.R. 2p43 VICINITY MAP AITf` ENGINEERS ° D PLANNERS O SURVEYORS M??RMAN,KIZER & REITZEL,INC. 115 BROADFOOT AVE. FAYETTEVILLE, N.C. 28305 PHONE (910) 484-5191 FAX (910) 484-0388 WETLAND IMPACTION MAP FOR DRAINAGE DITCH #1;& #2 ROSLIN FARMS SUBDIVISIOf PROPERTY OF LANDFALL PARTNERS LLC Rockfish Twp. Cumberland Co., N.C DRAWN BY DAM DATE 6-14-06 CHECKED BY DAM SCALE 1 "= 40t ADDDnWCn By A Sheet 2 of-2 40F WATF9Q Michael F. Easley, Governor `O G William G. Ross Jr., Secretary r North Carolina Department of Environment and Natural Resources 5w - -1 .? Alan W. Klimek, P.E. Director Division of Water Quality July 19, 2006 DWQ Project # 06-1102 Cumberland County CERTIFIED MAIL: RETURN RECEIPT REQUESTED Mr. Ralph Huff Landfall Partners, LLC P.O. Box 87555 Fayetteville, NC 28304 Subject Property: Roslin Farms UT to Cold Camp Creek [030753, 14-22-1-1, C, SW] REQUEST FOR MORE INFORMATION Dear Mr. Huff: On July 6, 2006, the Division of Water Quality (DWQ) received your application dated July 7, 2006 to impact 0.015 acres of wetland and 90 linear feet of perennial stream, to construct the proposed residential subdivision. The DWQ has determined that your application was incomplete and/or provided inaccurate information as discussed below. The DWQ will require additional information in order to process your application to impact protected wetlands and/or streams on the subject property. Therefore, unless we receive the additional information requested below, we will have to move toward denial of your application as required by 15A NCAC 2H.0506 and will place this project on hold as incomplete until we receive this additional information. Please provide the following information so that we may continue to review your project. Additional Information Requested: 1. You have indicated that the road crossing will be permitted under a Nationwide Permit 14, which is General Water Quality Certification Number(s) 3404 (GC3404). According to Item No. 2 in the GC3404, "Proposed fill or substantial modification of wetlands or waters (including streams) under this General Certification requires application to and prior written concurrence from the Division of Water Quality". Therefore, please revise your Pre-Construction Notification application and resubmit five (5) copies of the PCN application and the appropriate fee of $200.00 to the DWQ. Please contact the DWQ within three weeks of the date of this letter to verify that you have received this letter and that you remain interested in,continuing to pursue permitting of your project and will be providing the DWQ the requested information at a later date. Please contact me in writing and Ken Averitte of the DWQ Fayetteville Regional Office. If we do not hear from you within three weeks, we will assume that you no longer want to pursue this project and we will consider the project as withdrawn. This letter only addresses the application review and does not authorize any impacts to wetlands, waters or protected buffers. Please be aware that any impacts requested within your application are not None Carolina fllrll!!!f 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: 919-733-1786 / FAX 919-733-6893 / Internet: http://h2o.enr.stnte nc.us/ncwetlands An Equal Opportunity/Affirmative Action Employer- 50% Recycled/10% Post Consumer Paper Landfall Partners, LLC f Page 2 of 2 August 15, 2006 Sincerely, Cyndi Karoly, Supervisor 401 Oversight/Express Review Permitting Unit CBK/ijm cc: Ken Averitte, DWQ Fayetteville Regional Office USACE Wilmington Regulatory Field Office File Copy Central Files Chris Flowers, S&EC, 11010 Raven Ridge Road, Raleigh, NC 27614 Filename: 061102RosliuFarms(Cu mberland)Ou_Hold2 D;VQ 06t 102 Roslin Farms Subject: DWQ 06-1102 Roslin Farms From: Laurie Dennison <laurie.j.dennison@ncmail.net> Date: Thu, 20 Jul 2006 08:02:14 -0400 To: cflowers@sandec.com Please see attached the Division of Water Quality's request for more information related to your recent application. Please note that this message is being forwarded to you electronically so that you may expedite preparation of your response. Please do not send your response as a reply to this e-mail or via fax. The hard copy is being sent via US Mail. All response correspondence is to be mailed via hard copy to the 401 Oversight and Express Permits Unit, 2321 Crabtree Blvd., Raleigh, NC, 27604 unless otherwise noted. 061102RoslinFarms(Cumberland)On_Hold.doe Content-Type: application/msword Content-Encoding: base64 1 of 1 7/20/2006 8:02 AM 2 0 0 6 1 1 0 2 Soil & Environmental Consultants, PA 11010 Raven Ridge Road • Raleigh, North Carolina 27614 • Phone: (919) 846-5900 • Fax: (919) 846-9467 www.SandEC.com To: ?I?JQ We Transmit to you Herewith: ? Drawings ? Specifications ? Brochures or photos ? Correspondence ? As per your request Transmittal Project #: Date: 7?'cj Q Project Name: y Faso ? , ? ? ?? File: ? For your information and files ? For comment or approval ? Returned for correction, resubmit ? Approved as noted LT?d.e?Senat•a •Shcver: ier T2v Axnrss No. Copies Document No. Date Description u? Remarks: If enclosures are not as listed as above, kindly notify us at once. F24-7 D JUL 0 6 2006 By. ?? >??? 12 U DENR - WATER QUALITY WETLANDS.AND STORMWATEER BRANCH Charlotte Office: Greensboro Office: 236 LePhillip Court, Suite C 3817-E Lawndale Drive Concord, NC 28025 Greensboro, NC 27455 Phone: (704) 720-9405 Phone:, (336) 540-8234 Soil & Environmental Consultants, PA 11010 Raven Ridge Road • Raleigh, North Carolina 27614 • Phone: (919) 846-5900 • Fax: (919) 846-9467 To: US Army Corps of Engineers Wilmington Regulatory Field Office Attn: Lillette Granade 69 Darlington Ave Wilmington, NC 28402 www.SandEC.com July 3, 2006 S&EC Project # 9881.w1 N.C. Division of Water Quality 401 Oversight and Express Permits Unit Attn: Cyndi Karoly 2321 Crabtree Boulevard, Suite 250 Raleigh, NC 27604-2260 From: Chris Flowers Soil & Environmental Consultants, P.A. 11010 Raven Ridge Road Raleigh, NC 27614 Re: Roslin Farms Cumberland County, NC On behalf of the owner, Landfall Partners LLC., please find attached a complete application and supplemental information requesting written concurrence from the U.S. Army Corps of Engineers (USACE) that the activities proposed below may proceed under Nationwide Permits 14 & 18 and General Water Quality Certifications 3404 & 3402. Please contact me at (919) 846-5900 if you have any questions or.require additional information. In addition, please consider this application our request for a no practical alternatives determination. Also, two copies of the PCN form and supplemental information is being copied to the NC-DWQ to satisfy the required notification for projects using NWP 18. PROJECT SUMMARY Project Name Roslin Farms Project Type Residential Subdivision Owner / Applicant Landfall Partners LLC Count Cumberland Nearest Town Hope Mills Water Body Name UT to Cold Cam Creek Basin / Sub-basin Lumber 03-07-53 Index Number 14-22-1-1 Class C, SW IMPACT SUMMARY Stream Impact (acres): 0.008 ac Wetland Impact acres : 0.015 ac Open Water Impact (acres): 0.0 ac Total Impact to Waters of the U.S. (acres) 0.023 ac Total Stream Impact (linear feet): 90, Total Impact to Buffers NA Attachments: • Pre-construction Notification (PCN) Application Form • Agent Authorization • USGS Map • Soil Survey Map • Impact Maps Charlotte Office: Greensboro Office: 236 LcPhillip Court, Suite C 3817-E Lawndale Drive Concord, NC 28025 Greensboro, NC 27455 Phone: (704) 720-9405 Phone: (336) 540-8234 Fax: (704) 720-9406 Fax: (336) 540-8235 Office Use Only: Fonn Version March 05 2 0 0 G 1 1 0 2 USACE Action ID No. DWQ No. (If any particular item is not applicable to this project, please enter "Not Applicable" oc "N/A".) 1. Processing 1. Check all of the approval(s) requested for this project:, ® Section 404 Pen-nit ? 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: 14 & 18 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: ? H. Applicant Information k C9 1. Owner/Applicant Information JUL 0 6 2006 Name: Landfall Partners, LLC ATTN: Ralph Huff nFNR. WATER QUALITY Mailing Address: P.O. Box 87555 WETUMSA140STORlkNATERBRANCH Fayetteville, NC 28304 Telephone Number: (910) 486-4864 Fax Number: E-mail Address: 2. Agent/Consultant Infonnation (A signed and dated copy of the Agent Authorization letter must be attached if the Agent has signatory authority for the owner/applicant.) Name: Chris Flowers Company Affiliation: Soil & Environmental Consultants, P.A. Mailing Address: 11010 Raven Ridge Road Raleigh, NC 27614 Telephone Number: (919) 846-5900 Fax Number: (919) 846-9467 E-mail Address: CFLOWERS@SANDEC.COM 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: Roslin Farms 2. T.I.P. Project Number or State Project Number (NCDOT Only): N/A 3. Property Identification Number (Tax PIN): 0421 4. Location County: Cumberland Nearest Town: Hope Mills Subdivision name (include phase/lot number): Roslin Farms Directions to site (include road numbers/names, landmarks, etc.): From Interstate 95 exit off at Chicken Foot Rd. and head East. Take the third right onto John McMillian Rd. and then a right onto Roslin Farm Rd., the site is a half of mile on the left. 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): 34.9024 ON 78.9333 °W 6. Property size (acres): +/- 114 7. Name of nearest receiving body of water: Cold Camp Creek 8. River Basin: Lumber 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 site is currently wooded and old agriculture fields. The property was primarily in sunflower fanning. The majority of the surrounding property with interspersed residential parcels. Page 2 of 9 10. Describe the overall project in detail, including the type of equipment to be used: The overall project is the construction of a residential neighborhood. 11. Explain the purpose of the proposed work: The purpose of the property is to meet the growing demand for residential housing in southern Cumberland County. IV. Prior Project History If jurisdictional detenninations 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. No prior permits were obtained for this site or project. S&EC conducted a jurisdictional wetland delineation on the property in January of 2006. In February 2006 the USACE confirmed S&EC's wetland delineation and issued a Notice of Jurisdictional Determination on February 17, 2006 (Action ID# 200600416). An application requesting JD/Sign-off and the issuance of a NWP 39 to cover impacts resulting from the installation of a culvert was sent the USACE on March 29, 2006. After reviewing the application it was determined by Lillette Granade of the USACE that a NWP 14 and 18 will be required not a NWP 39. 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 permits are anticipated at this time. 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 1. Provide a written description of the proposed impacts: Three impacts are proposed for this project. There is a proposed stream crossing which is necessary to access useable upland area, and two impacts proposed in wetlands resulting from the installation of filter-fabric and rin-ran. 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. NWP 18 / W QC #3402 Wetland Impact Type of Wetland Located within Distance to Area of Site Number Type of Impact (e.g., forested, marsh, 100-year Nearest Impact (indicate on map) herbaceous, bog, etc.) Floodplain Stream (acres) es/no linear feet Ditch #1 outlet Fill (rip-rap/ filter fabric) Early successional, riparian No 10, 0.0075 Ditch #2 outlet Fill (rip-rap/ filter fabric) Early successional, riparian No 10, 0.0075 Total Wetland Impact (acres) 0.015 3. List the total acreage (estimated) of all existing wetlands on the property: +/- 6 acres (total includes isolated Carolina Bay) 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. NWP 14 / WQC #3404 Stream Impact Perennial Average Impact Area of Number Stream Name Type of Impact Intermittent? t? Stream Width Length Impact (indicate on map) Before Impact (linear feet) (acres) UT to Cold Camp Culvert and 4 Feet I Creek Stabilization Perennial 90 Feet 0.008 material Total Stream Impact (by length and acreage) 0.008 Acres 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, flooding, drainage, bulkheads, etc. Page 4 of 9 Open Water Impact Name of Waterbody Type of Waterbody Area of Site Number (if applicable) Type of Impact (lake, pond, estuary, sound, bay, Impact indicate on ma ocean, etc. acres N/A N/A N/A N/A N/A Total Open Water Impact (acres) N/A 6. List the cumulative impact to all Waters of the U.S. resulting from the project: Stream Impact (acres): 0.008 Wetland Impact (acres): 0.015 Open Water Impact (acres): N/A Total Impact to Waters of the U.S. (acres) 0.023 Total Stream Impact (linear feet): 90, 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 USAGE. The isolated Carolina Bav will not be imnacted and will be nreserved as oven space as well as for mitigation purposes. 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.): N/A Proposed use or purpose of pond (e.g., livestock watering, irrigation, aesthetic, trout pond, local stormwater requirement, etc.): N/A Current land use in the vicinity of the pond: N/A Size of watershed draining to pond: N/A Expected pond surface area: N/A 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 impact to the iurisdictional channel that the apmlicant has nronosed is reouired to access useable upland area within the subdivision. The two impacts resulting from the installation of rip-rap and filter fabric are necessary for sediment and erosion control. The applicant has Page 5 of 9 avoided all other jurisdictional areas with respect to their development plan. They have also proposed to cross the jurisdictional channel at a point where no jurisdictional wetlands occur adjacent to the channel thereby avoiding and minimizing the impacts to the jurisdictional wetlands on the property. 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/ncwetiands/stnngide.htni1. 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. Because the project is not in a special aquatic site and the impacts to the stream are less than 150 linear feet and wetland impacts are less than 1/10 acre we believe that no mitigation should be required for the proposed impacts. However, if mitigation is required the applicant proposes to preserve the unimpacted portions of the jurisdictional channel as well as the wetlands adjacent to it. All of the area outside of the proposed lot lines will be preserved in open space to satisfy county regulations. Page 6 of 9 The Carolina Bay will also be preserved in open space. The applicant proposes to use the preservation of the aforementioned areas to mitigate the proposed impacts. A copy of the preservation agreement between the county and the applicant was previously sent to the USACE for review. If additional restrictions or guidelines necessary for mitigation are required they can be added to the existing conservation easement to satisfy mitigation requirements. 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 (919) 715-0476 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/wM/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 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 (919) 733-5083 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 ? 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 (Meuse), 15A NCAC 2B .0259 (Tar-Pamlico), 15A NCAC 02B .0243 (Catawba) 15A NCAC 213 .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 1 N/A 3 (2 for Catawba) N/A 2 N/A 1.5 N/A Total N/A 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 213.0242 or.0244, or.0260. N/A 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. The total proposed impervious surface for the site will be less than 20%. 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. Wastewater will be treated on-site by use of conventional septic systems. 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 an after-the-fact permit application? Yes ? No XIV. Cumulative Impacts (required by DWQ) Page 8 of 9 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://112o.enr.state.nc.us/ncwetlands. If no, please provide a short narrative description: We do not anticipate this project to act as a catalyst for further development. 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). NA 717-,10.4 Applicant/Agent's Signature Date (Agent's signature is valid only if an authorization letter from the applicant is provided.) Page 9 of 9 JAN-10-2006 11:55 P.02i03 soil & En ironmental Consultants, PA 11010 Raven Ridge Rc.d • Ralcig,R, Ncnh CUOU04 27614 • Pbc= (919) 646-5900 • E= (919) 346-9467 • rrww scadEcl"m AGENTAUMORIZ.A110N FORM Name: 1_??dh/?D ,?G ? ?146_4?? ?/' :o Ad&css: P?o fox 017555 .. 50d67761,11, rhotle: C ?/o -- i PX _ 4g764 Project W=um Dcsc ip6ott: 2'G ot!X?IN r4ao S&EC Project # S A l w l Date: to .JAN 2OO& Thu Deporaeat of the Army U.S. Army Co" of Engia=s, Witmcogmn Dion id P.O. Sax 1890 QrJmftW,Wa, NC 26402 Attu: G,w e Ne, rield Officc: __V'/"1n1; Qdc11 Re: Wetlands Related Consulting znd Permitting To Whom It May Concern: 1. the cmrcat 41ndowtur o oip?i-effsci?, hereby d=ipate and authorize Soil & Etlviroumcntal Consultants, PA to act in my bobalf as my agent iuthe Processing of permit npplica&ns,? t?o h upon vest supplemental infon=don in support of appliatkw, dc. from this day forward. The -day of An/ ;'ZW& . This notification supersedes any prt:vious co=pond=,: concerning the agent for this projcct. NOTICE: This authorizatiou, for 11001ty and profrMostal courtesy rcasaas, to valid easy for Eoveri u?Lt oft3el411 to eater the property when accompanied by S&EC staff- Yea shotdd call S&EC to arrauyc a site sheeting prior to vicitine the site. o. Ak- -A Print Property Owner's ezafuai Property 01=1 cc: Ma. Cyndi Karoly ec: W. Ctuis Flowers NCDFNR - DWQ Soil & Environmental Consultants, PA 2321 Crabtree Boulevard Mci&h, NC 27604 Chqflo= S-9tort?(1 cC 236 LcPhillip Cour% Suite C 3817-E Lawndalc Drive Coawcd, NC 28025 C C'Msboco, NC 27455 Phone: (704) 720-0405 Phone (336) 540-8234 Pax: (704) 720-9406 Fex: (336) 540-8235 / i t •'311 Ch C • 4 'N` ?allfierr/Y ?•? V. V `??•` _ ?f jai' ???`? t ?,,. ,??? \ , / Al .?- `^``` ? ? \ ??y ? - ? ?y /?1? ? ;? it i -t?C ? t l //1 -1-1 7 - JN?\ t ?. l.lA ' _ trot t 1 •-0:_ 1? ` 0 1 Project No. Figure I - 1:24K USGS 9881 .W 1 Topographic Quadrangle Project Mgr.: Roslin Farms Soil & Environmental Consultants, PA CF Jim Kizer 11010 Raven Ridge Rd.- Raleigh, NC 27614 Scale: Cumberland County, NC (919) 846-5900 • (919) 846-9467 Web Page: www.SandEC.com 1"= 2,000' Hope MiII5 Quadrangle 0 1 /24/06 APPROX. C/L STREAM - JURISDICTIONAL CHANNEL 20' DRAINAGE EASM'T 4 STREAM BA K I 4' WIDE I APRON LENGTH-22' 6' D.I.P. ru c:) f 0 co v RIP-RAP STONE W/ FILTER FABRIC 0+214 LT. DBL. 36' HEADWALL INV. OUT 162.00 \? ij? IMPACTED---ARF-4 4' WIDE + 1 ? RIP-RAP STONE W/ FILTER FABRIC 1 0+24 RT. 1 4 STREAM BA ' NK I DBL. INV 36' HEADWALL 05 IN 162 WIDE 4 . %I . A8 20' DRAINAGE EASM'T I 13 I ID AC APPROX. C/L STREAM - l z o JURISDICTIONAL CHANNEL IMPACTED AREA= 48'x 4' Plus Rip-Rap= 3 60 S F.= 0 . 0 0 8 AC. M t` t\ cD 170 160 2+00 3+00 4+00 o D jVj V VWtER C04A? AD ENGINEERS PLANNERS SURVEYORS M1313RMAN,KIZER & REITZEL,INC, S 113 BROADFOOT AVE. FAYETTEVILLE, N.C. 28303 10). PHONE (910) 484-3191 FAX (910) 484-0388 i1" cN+?? WATERS OF THE US IMPACTION MAP fyr SITE 54 ROSLI N FARMS SUBDIVISION Sx. ZZ,e LANDFALLPROPERTY TNERS LLC 9J -- y s ROSLIN FARM RD. S.R, 2243 Rockfish TWp. Cumberland Co., N.C. November 2005 P DRAWN BY DAM DATE 12-20-05 VICINITY MAP ' p CHECKED BY JMK JR. SCALE 1 "= 40' N.T.S. APPROVED BY A of SEDIMENT BASIN "B" e e e e e e _ r _ r e l r e e l 1 I : EDIMENT BASIN" A " (/ILL BE REMOVED) r ? VwtER 2?µpDY RD' ENGINEERS o D PLANNERS ? SURVEYORS ? MO13RMAN,KIZER & REITZEL,INC, ' 115 BROADFOOT AVE. FAYETTEVILLE, N.C. 28305 DY QD PHONE (910) 484-5191 FAX (910) 484-0388 stx?" WETLAND IMPACTION MAP FOR DRAINAGE DITCH #1 & #2 rti? SITE ? DY POND RD. .Pp ROSLIN FARMS SUBDIVISION sx 2249 PROPERTY ?F 9s f LANDFALL PARTNERS LLC ROSLIN FARM RD. S.R• 2243 yA Rockfish TWp. Cumberland Co., N.C. November 2005 DRAWN BY DAM DATE 6-14-06 VICINITY MAP CHECKED BY DAM SCALE 1 "= 40' N,T APPROVED BY A Sheet 1 of 2 ? RIP-RAP W/ j I FILTER FABRIC A Ci DITCH #1 ?UTLET IMPACTED AREA=Rip-Rap Stone & Filter Fabric=336 SF.= 0.0075 AC. RIP-RAP W/ FILTER FABRIC DITCH #2 ?UTLET IMPACTED AREA=Rip-Rap Stone & Filter Fabric=336 SF.= 0.0075 AC. "INSERT MAP// VICINITY MAP POKD RD. ENGINEERS o PLANNERS SURVEYORS MOORMAN,KIZER & REITZEL,INC, 115 BROADFOOT AVE. FAYETTEVILLE, N.C. 20305 PHONE (910) 484-5191 FAX (910) 484-0388 WETLAND IMPACTION MAP FOR DRAINAGE DITCH 41 & #2 ROSLIN FARMS SUBDIVISION PROPERTY OF LANDFALL PARTNERS LLC Rockfish Twp, Cumberland Co„ NZ, November 2005 DRAWN BY DAM DATE 6-14-06 CHECKED BY DAM SCALE 1 "= 40' APPROVED BY A Sheet 2 of 2 2 0 0 6 1 1 0 2 Soil & Environmental Consultants, PA 11010 Raven Ridge Road • Raleigh, North Carolina 27614 • Phone: (919) 846-5900 Fax: (919) 846-9467 www.SandEC.cotn Transmittal To: J?Q We Transmit to you Herewith: ? Drawings ? Specifications ? Brochures or photos ? Correspondence ? As per your request Project #: !21-7Q 1, Date: 71yj d Project Name: 1i-C ?(Ony File: s4y ? b?61 Ilrt; . _ ? For your information and files ? For comment or approval ? Returned for correction, resubmit ? Approved as noted er: D--By-mail ier ---=mss No. Copies I Document No. I Date Description Remarks: If enclosures are not as listed as above, kindly notify us at once, U (2 `? l? ?U By: C J1 U JUL 0 6 2006 DENR -WATER QUALITY WETLANDS ",ND STOFNWATER BRANCH Charlotte Office: Greensboro Office: 236 LePhillip Court, Suite C 3817-E Lawndale Drive Concord, NC 28025 Greensboro, NC 27455 Phone: (704) 720-9405 Plione:: (336) 540-8234 Soil & Environmental Consultants, PA 11010 Raven Ridge Road • Raleigh, North Carolina 27614 • Phone: (919) 846-5900 • Fax: (919) 846-9467 To: US Army Corps of Engineers Wilmington Regulatory Field Office Attn: Lillette Granade 69 Darlington Ave Wilmington, NC 28402 www.SandEC.com July 3, 2006 S&EC Project # 9881.w1 N.C. Division of Water Quality 401 Oversight and Express Permits Unit Attn: Cyndi Karoly 2321 Crabtree Boulevard, Suite 250 Raleigh, NC 27604-2260 From: Chris Flowers Soil & Environmental Consultants, P.A. 11010 Raven Ridge Road Raleigh, NC 27614 Re: Roslin Farms Cumberland County, NC On behalf of the owner, Landfall Partners LLC., please find attached a complete application and supplemental information requesting written concurrence from the U.S. Army Corps of Engineers (USACE) that the activities proposed below may proceed under Nationwide Permits 14 & 18 and General Water Quality Certifications 3404 & 3402. Please contact me at (919) 846-5900 if you have any questions or require additional information. In addition, please consider this application our request for a no practical alternatives determination. Also, two copies of the PCN form and supplemental information is being copied to the NC-DWQ to satisfy the required notification for projects using NWP 18. PROJECT SUMMARY Project Name Roslin Farms Project Type Residential Subdivision Owner / Applicant Landfall Partners LLC Count Cumberland Nearest Town Hope Mills Water Body Name UT to Cold Cam Creek Basin / Sub-basin Lumber 03-07-53 Index Number 14-22-1-1 Class C, Sw IMPACT SUMMARY Stream Impact (acres): 0.008 ac Wetland Impact acres : 0.015 ac Open Water Impact (acres): 0.0 ac Total Impact to Waters of the U.S. (acres) 0.023 ac Total Stream Impact (linear feet): 90, Total Impact to Buffers NA Attachments: • Pre-construction Notification (PCN) Application Form • Agent Authorization • USGS Map • Soil Survey Map • Impact Maps Charlotte Office: Greensboro Office: 236 LePhillip Court, Suite C 3817-E Lawndale Drive Concord, NC 28025 Greensboro, NC 27455 Phone: (704) 720-9405 Phone: (336) 540-8234 Fax: (704) 720-9406 Fax: (336) 540-8235 Office Use Only: Fonn Version March 05 200 61 "lOz 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 -r )v f" 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: 14 & 18 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: ? II. Applicant Information [ _3 (r-. ??5 V D 1. Owner/Applicant Information JUL 0 6 2006 Name: Landfall Partners LLC ATTN: Ralph Huff NR - WATER QUALITY CH Mailing Address: P.O. Box 87555 WETWDS9 Favetteville. NC 28304 Telephone Number: (910) 486-4864 Fax Number: E-mail Address: 2. Agent/Consultant Infornation (A signed and dated copy of the Agent Authorization letter must be attached if the Agent has signatory authority for the owner/applicant.) Name: Chris Flowers Company Affiliation: Soil & Environmental Consultants, P.A. Mailing Address: 11010 Raven Ridge Road Raleigh, NC 27614 Telephone Number: (919) 846-5900 Fax Number: (919) 846-9467 E-mail Address:_ CFLOWERS@SANDEC.COM Page I 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 infonnation 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: Roslin Fanms 2. T.I.P. Project Number or State Project Number (NCDOT Only): N/A 3. Property Identification Number (Tax PIN): 0421-09-9279 4. Location County: Cumberland Nearest Town: Hope Mills Subdivision name (include phase/lot number): Roslin Farms Directions to site (include road numbers/names, landmarks, etc.): From Interstate 95 exit off at Chicken Foot Rd. and head East. Take the third right onto John McMIllian Rd. and then a right onto Roslin Farm Rd., the site is a half of mile on the left. 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): 34.9024 ON 78.9333 °W 6. Property size (acres): 7. Name of nearest receiving body of water: Cold Camp Creek 8. River Basin: Lumber River Basin (Note - this must be one of North Carolina's seventeen designated major river basins. The River Basin map is available at http://12o.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 site is currently wooded and old agriculture fields. The property was primarily in sunflower farming. The majority of the surrounding property is agricultural with interspersed residential parcels. Page 2 of 9 10. Describe the overall project in detail, including the type of equipment to be used: The overall project is the construction of a residential neighborhood. 11. Explain the purpose of the proposed work: The purpose of the property is to meet the growing demand for residential housing in southern Cumberland County. 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. No prior permits were obtained for this site or project. S&EC conducted a jurisdictional wetland delineation on the property in January of 2006. In February 2006 the USACE confirmed S&EC's wetland delineation and issued a Notice of Jurisdictional Determination on February 17, 2006 (Action ID# 200600416). An application requesting JD/Sign-off and the issuance of a NWP 39 to cover impacts resulting from the installation of a culvert was sent the USACE on March 29, 2006. After reviewing the application it was determined by Lillette Granade of the USACE that a NWP 14 and 18 will be required not a NWP 39. 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 permits are anticipated at this time. 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 1. Provide a written description of the proposed impacts: Three impacts are proposed for this project. There is a proposed stream crossing which is necessary to access useable upland area and two impacts proposed in wetlands resulting from the installation of filter-fabric and rip-rap. 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. NWP 18 / WQC #3402 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 Ditch #1 outlet Fill (rip-rap/ filter fabric) Early successional, riparian No 10, 0.0075 Ditch #2 outlet Fill (rip-rap/ filter fabric) Early successional, riparian No 10, 0.0075 Total Wetland Impact (acres) 0.015 3. List the total acreage (estimated) of all existing wetlands on the property: +/- 6 acres (total includes isolated Carolina Bay) 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. NWP 14 / WQC #3404 Stream Impact Number (indicate on map) Stream Name Type of Impact Perennial or Intermittent? Average Stream Width Before Impact Impact Length (linear feet) Area of Impact (acres) UT to Cold Camp Culvert and 4 Feet I Creek Stabilization Perennial 90 Feet 0.008 material Total Stream Impact (by length and acreage) 0.008 Acres 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, flooding, drainage, bulkheads, etc. Page 4 of 9 Open Water Impact Name W ate Type of Waterbody Area of Site Number p e) plicablle) (if applicable) Type of Impact (lake' pand estuary' sound bay' Impact indicate on ma ocean, etc. acres N/A N/A N/A N/A N/A Total Open Water Impact (acres) N/A 6. List the cumulative impact to all Waters of the U.S. resulting from the project: Stream Impact (acres): 0.008 Wetland Impact (acres): 0.015 Open Water Impact acres): N/A Total Impact to Waters of the U.S. (acres) 0.023 Total Stream Impact (linear feet): 90' 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 USAGE. The isolated Carolina Bav will not be impacted and will be nreserved as oven space as well as for mitigation purposes. 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.): N/A Proposed use or purpose of pond (e.g., livestock watering, irrigation, aesthetic, trout pond, local stormwater requirement, etc.): N/A Current land use in the vicinity of the pond: N/A Size of watershed draining to pond: N/A Expected pond surface area: N/A 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 impact to the iurisdictional channel that the annlicant has nronosed is required to access useable upland area within the subdivision. The two impacts resulting from the installation of rip-rap and filter fabric are necessary for sediment and erosion control. The applicant has Page 5 of 9 avoided all other jurisdictional areas with respect to their development plan. They have also proposed to cross the jurisdictional channel at apoint where no jurisdictional wetlands occur adjacent to the channel thereby avoiding and minimizing the impacts to the jurisdictional wetlands on the property. 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.litrnl. 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. Because the project is not in a special aquatic site and the impacts to the stream are less than 150 linear feet and wetland impacts are less than 1/10 acre we believe that no mitigation should be required for the proposed impacts. However, if mitigation is required the applicant proposes to preserve the unimpacted portions of the jurisdictional channel as well as the wetlands adjacent to it. All of the area outside of the proposed lot lines will be preserved in open space to satisfy county regulations. Page 6 of 9 The Carolina Bay will also be preserved in open space. The applicant proposes to use the preservation of the aforementioned areas to mitigate the proposed impacts. A copy of the preservation agreement between the county and the applicant was previously sent to the USACE for review. If additional restrictions or guidelines necessary for mitigation are required they can be added to the existing conservation easement to satisfy miti ag tion requirements. 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 (919) 715-0476 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 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 (919) 733-5083 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 ? 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 (Meuse), 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. Zone* Impact (square feet Multiplier Required Mitigation 1 N/A 3 (2 for Catawba) N/A 2 N/A 1.5 N/A Total N/A N/A s 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 213 .0242 or .0244, or .0260. N/A 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. The total proposed impervious surface for the site will be less than 20%. 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. Wastewater will be treated on-site by use of conventional septic systems. 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 an after-the-fact permit application? Yes ? No XIV. Cumulative Impacts (required by DWQ) Page 8 of 9 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/ncwetIands. If no, please provide a short narrative description: We do not anticipate this project to act as a catalyst for further development. 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). 7 j /01 Applicant/Agent's Signature Date (Agent's signature is valid only if an authorization letter from the applicant is provided.) Page 9 of 9 JAN-10-2006 11:55 P.02/03 Soil & En ironmental Consultants, PA 11014 Raven Ridge Ra•d - ksicigls, North C=404 27614 - runner (919) 646-5900 - F= (919) W-9d67 • WWWstodEc'oota AGENT.AUTHORIZADON FORM Name: PAeTNeA?z5. LLC Lz:)-Ao-PW Address: ?o fox 17555 Phone: ??o -- ?IXJ" ??( !" Project N ption: S&EC Pro ca # Date: /D -,-JidN /Z04V & 114 Depmunent of the Army U.S. Army Cotes of Eagiacas, Wile Disuict P.O. Box 2894 Wilmington, NC 28442 Attn: G, 1 i; 8e, field Office: w,' I Re: Wdlands Mated Consulting and Permitting To Whom it may Concern: L the current liltdowtur a oipa?-afTsei?d? hereby dmignate and authorize soil & Mviro==tal Coos hats, PA to act in my behalf as my agent inthe Processing of permit applications, to W h h upon r uat supplemental information in support of applications, em from this day forward. The ? day of A-14 This notification supersedes any pr wlous correspond=4 concerning the agent for this project. NOTIM This autharkstion, for llabillty and profrsaional courtcay reasoar, Ls valid only for Covernuunt ofticlaU to enter the property when accompauled by S&EC stRM Yoe should ta116&EC to arran9c a the meeting prior to vW ing the tlte. ):Z&Lp?du t?- 0/' 1-, Print Property Owner's ezmi Property rler'atiE?s-sip cc: Ms. C ,zdi Y.aroly co: W. Chris Flowers NCDENR - DWQ Soil & Environrncnial Coexulwits, PA 2321 Crabtree Boulevard Italei&b. NC 27604 C rloae QTTico;?,ytc„?QPfrr_ 236 LzM111p Cauct, Suite C G=MsbLoc co, NC 27455 2 Coecacd, NC 28025 ?s 544.8134 34 Phony (704) 720-4405 phone- (3336) ) 58 Fax; (704) 720-9406 Pax: (336) 540 8235 {I b Ook Ch*4 75 •4 \` / U4allJierry } >, ay;? • ' . \ \ \/\{/? \ , / y d f 1 \1918 .r`?\? l ( ti ?? <- ?? ? , ? •, !4: r? \1 P \ \ ?? raw s 1 ?.f??r ? ? xi C 61 ?• `/ F \ ?.?`--, j' a ?- •: ??:. _,_. ,Cam I Project No. Figure I - 1:24K USGS 965 i •w I Topographic Quadrangle Project Mgr.: ROSIin Farms CF ? Soil & Environmental Consultants, PA Jim Kizer 11010 Raven Ridge Rd.- Raleigh, NC 27614 scale: Cumberland County, NC (919) 846-5900 • (919) 846-9467 Web Page: www.SandEC.com 1 2,000, slope Mills Quadrangle 0 1 /24/06 APPROX. C/L STREAM - JURISDICTIONAL CHANNEL 20' DRAINAGE EASM'T I 1 I 4 STREAM HA K 1 4' WIDE I I I APRON LENGTH-22' 6' D,I.P, 0 ru o o cn O ca v I RIP-RAP STONE W/ FILTER FABRIC 0+24 LT. DBL. 36' HEADWALL INV. OUT 162.00 5 o C • IMPACTED--AR 4' WIDE ?. RIP-RAP STONE 1 W/ FILTER FABRIC 0+24 RT. STREJDANK DBL. 36' H??? D 4' INV. IN 16 1'! D A? 20' DRAINAGE EASM; I 1 JUL 0 6 2006 pC APPROX. C/L STREAM - JURISDICTIONAL CHANNEL QUALITY IMPACTED AREA= 48'x 4' Pius Rip-Rap=360SF.= 0.008 AC. r` r; cn r- 170 160 VICINITY MAP N.T.C. .-I i A ray R4 4+00 ENGINEERS D PLANNERS r SURVEYORS M131IRMANXIZER & REITZEL,INC. 115 BROADFOOT AVE. FAYETTEVILLE, N.C. 28305 PHDNE (910) 484-5191 FAX (910) 484-0388 WATERS OF THE US IMPACTION MAP ROSLIN FARMS SUBDIVISION PROPERTY ?F LANDFALL PARTNERS LLC Rockfish Twp• Cumberland Co„ N.C. November 2005 RAWN BY DAM DATE 12-20-05 HECKED BY JMK JR. SCALE 1 "= 40' PPROVED BY A of 2+00 3+00 SEDIMENT BASIN ;A"B" ;WILL BE REMOVED.Y I DITCH #3. / 2 0.20% N/ ROCK CHECK DAM (See Detail Ditch #1 and Ditch #2 Outlet Points) Sheet 2 of 2 "INSERT VICINITY MAP >Y POND RD. ¢249 1 r r r r r CE r r r r r r r r SEDIMENT BASIN" A " (PILL BE REMOVED) MAP`( ENGINEERS o D PLANNERS O SURVEYORS MOORMANXIZER & REITZEL,INC. 115 BROADF00T AVE. FAYETTEVILLE, N.C. 28305 PHONE (910) 484-5191 FAX (910) 484-0388 WETLAND IMPACTION MAP FOR DRAINAGE DITCH #1 & #2 ROSLIN FARMS SUBDIVISION PROPERTY ?F LANDFALL PARTNERS LLC Rockfish Twp. Cumberland Co., N.C. November 2005 DRAWN BY DAM DATE 6-14-06 CHECKED BY DAM SCALE 1 "= 40' APPROVED BY A Sheet RIP-RAP W/ FILTER FABRIC DITCH #1 OUTLET IMPACTED AREA=Rip-Rap Stone & Filter Fabric=336 SF.= 0.0075 AC. RIP-RAP W/ FILTER FABRIC DITCH #2 ?UTL_E T IMPACTED AREA=Rip-Rap Stone & Filter Fabric=336 SF.= 0.0075 AC. "INSERT MAP// ?µTCR CDC RD ENGINEERS PLANNERS SURVEYORS MC?RMAN,KIZER & REITZEL,INC. 115 BROADFOOT AVE. FAYETTEVILLE, N.C. 28305 Y RD PHONE (910) 484-5191 FAX (910) 484-0388 su?cA?D WETLAND IMPACTION MAP FOR DRAINAGE DITCH #1 & 42 ftir SITE Poo ROSLIN FARMS SUBDIVISION FP?, ?,NADY RD sx, 2249 PROPERTY ?F 9s - LANDFALL PARTNERS LLC ROSLIN FARM RD. R. 2243 Rockfish Twp. Cumberland Co., N.C. n November 2005 DRAWN BY DAM DATE 6-14-06 VICINITY MAP CHECKED BY DAM SCALE 1''= 401 N APPROVED BY A Sheet 2 of 2 D' (D. I I O a Date 6 Who Reviowed.,'_G__?? 1 b• Plan Detail Incomplete ? Pleaso provide a location map for the project. ? Please show all stream impacts including all fill slopes, dissipaters, and bank stabilization on a sito plan. ?. Please show all wetland impacts including fill slopes on the site plan. w? ? Please indicate all buffer impacts on the site plan. lY" / ? Please indicate proposed lot layout as overlays on the site plan. ? Please indicate the location of the protected buffcas as overlays on the site pl= ? Please locate all isolated or non-isolated wetlands, streams and other waters of the State as overlays on the site plan. ? Please provide cross section details showing the provisions for aquatic life passage. ? Please locate any planned-sewer lines on the sito plan ? Please provido iho location of any proposed stormwater management practices as required by GC ? Pleaso provido detail for tho stormwater management practices as required by GC ? Pleaso spocify tho percent of project imperviousness area based on the estimated built-out conditions: ? Please indicate all stormwate'r ?ontfalls on the site plait. ? Please indicate the diffuse flow provision measures on the site plan. yl ? Please indicate whether or not the proposed impacts already been conducted Avoidance and/or Minimization Not Provided ?J? ,.0:+,?,, a i. ?; td~ o. Tho? ` labeled as on the plans does not appear to be necessary. Please eliminato tho . or provido additional 0 information as to why it is necessary for this project.. ? This Office believes that tho labeled on tho plans as can be moved, or reconfigured to avoid the impacts to the Pleaso revise the plans to avoid thq impacts. ?. This'Offico believes that the labeled on the plans as can be moved or reconfigured to minimize the impacts tq'tho Please revise the plans to minimize the impacts. Ck`} J ? Tho stormwater discharges at the location on the plans labeled will not provide diffuso flow through the buff b0a use c3?Cp,?p . Please revise the plans and provide calculations to show that diffuso flow will be achieved through the cntirobuffcr. If it- -f- is not possible to achieve dlffuso flow through. the entire buffer then it may be necessary to provide stormwater management ,Ae;'t OA. practices that remove nutrients before the stormwatcr can be discharged through tho. buffer. Otlier ; ?. The application fee was insufficient-bocauso over 150 feet of stream and/or.ovcr 1 acro ofwetlandInpacts were requested. Please provide S This additional fee must be received before your application can be reviewed. ? Please complete Section(s) on tho application. - ? Please provide a signed copy of the application.' ? Please provide _ copies of the application, . copies of the site plims and other supporting information: ? Please submit electronic CAD files showing ; via-cinail to ian.mcmillan@n=ail.net and CD., Mitigation ? of compensatorymitigation is required for this pioject.'Please providea compensatory mitigation plan. The plan must conform to tharcquirements in 15 A NCAC 2H .0500 and must be appropriate to the type-of impacts proposed. ? Please indicate which 404 Permit the USACE would use to authorize this project. . DWQ# O b - 110-2- Date S1-11 -6(0 Plan Detall)ncomplete _ Who Reviewed: ? Please provide a location map for the project. ? Please show all stream impacts including all fill slopes, dissipaters, and bank stabilization on the site plan. ?. Please show all wetland impacts including fill slopes on the site plan. ? Please indicate all buffer impacts on the site plan. C•W ? Please indicate proposed lot layout as overlays on the site plan. IA P ? Please indicate the location of the protected buffers as overlays on the site plan. S? ? Please locate all isolated or non-isolated wetlands, streams and other waters of the State as overlays on the site plan. ? Please provide cross section details showing the provisions for aquatic life passage- F1 Please locate any planned-sewer lines on the site plan. ? Please provide the location of any proposed stormwater management practices as required by GC ? Please provide detail for the stormwater management practices as required by GC ? Please specify the percent of project imperviousness area based on the estimated built-out conditions. ? Please indicate all stormwat ioi}tfalls on the site ease. ? Please indicate the diffuso flow provision measures on the site plan. ? Please indicate whether or not the proposed impacts already born conducted. Avoidince•andlor AUnimlzation Not Provided ? The labeled as on the plans does not appear to be necessary. Please eliminate the. or provide additional information as to why it is necessary for this project 3 d s , ?.c?•-tt a" ? p: 41 a fi it t?? ?'°e ci i re 4 a vl d This ffice believes that the labeled on the plans as can-ba-orhe impacts to the W e Please revise the plans to avoid the impacts. S61cttI ?1De: AVD?d?d? ?. This Office believes that the labeled on the plans as can be moved or reconfigured to minimize the impacts to the Please revise the plans to minimize the impacts, ? The stormwater discharges at the location on the plans labeled will not provide diMso flow through the buffer because Please revise the plans and provide calculations to show that diffuse flow will be achieved through the endmbuffer. If it is not possible to achieve diffuse flow through the entire buffer then it may be necessary to provido stormwater management practices that remove nutrients before the stormwater can be discharged through the buffer. . Other ?. The application fee was insufficient because over 150 feet of stream andlor.over 1 acre otwedand'impacts were requested. Please provide $ This additional fee must be received before your application can be reviewed. ? Please complete Section(s) on the application. ? Please provide a signed copy of the application.' ? Please provide copies of the application, . copies of the site plans and other supporting information: ? Please submit electronic CAD files showing , via email to ian.mcmillan&cmail.nct and CD. Mitigation ? of compensatorymitigation is required for this project , Please providea compensatory mitigation plan. The plan must conform to the requirements in 15 A NCAC 2H'.0.500 and must be appropriate to the type of impacts proposed. ? Please indicate which 404 Permit the USACE would use to authorize this project. r / ?y C DWQ# Z ?d ail l ?? Date ?1 d ?t Who Reviewed: Plan Detail Incomplete 1 ? Please provide a location map for the project. ? Please show all stream impacts including all fill slopes, dissipaters, and bank stabili lion on the site plan. ? Please show all wetland impacts including fill slopes on the site plan. (?t 0 0 C_V J/` A ? Please indicate all buffer impacts on the site plan. 1 V ?v ?' Y ? Plea so indicate proposed lot layout as overlays on the site plan. l p UJ? SCt? i Ed ? Please indicate the location of the protected buffers as overlays on the site plan. ? Please locate all isolated or non-isolated wetlands, streams and other waters of the State as overlays on the site plan. ? Please provide cross section details showing the provisions for aquatic life passage. ? Please locate any planned-sewer lines on the site plan. Y ??"J y?? p ? Please provide the location of any proposed stormwater management practices as required by GC ? Please provide detail for the stormwater management practices as required by GC ? Please specify the percent of project imperviousness area based on the estimated built-out conditions. ? Please indicate all stormwat 7 outfalls on the site plarl. ? Please indicate the diffuse flow provision measures on the site plan. ? Please indicate whether or not the proposed impacts already been conducted. Avofdance.aud/or Minimization Not Provided ? - The labeled as on the plans does not appear to be necessary. Please eliminate the. or provide additional information as to why it is necessary for this project. ? This Office believes that the labeled on the plans as can be moved. or reconfigured to avoid the impacts to the Please revise the plans to avoid the impacts. ?. This Office believes that the labeled on the plans as can be moved or reconfigured to minimize the impacts to the Please revise the plans to minimize the impacts. ? The stormwater discharges at the location on the plans labeled will not provide diffuse flow through the buffer because Please revise the plans and provide calculations to show that diffuse flow will be achieved through the entire buffer. If it is not possible to achieve diffuse flow through the entire buffer then it may be necessary to provide stormwater management practices that remove nutrients before the stormwater can be discharged through the buffer. . Other ? . The application fee was insufficient because over 150 feet of stream and/or over I acre of wcdand'impacts were requested. Please provide $ This additional fee must be received before your application can be reviewed. ? Please complete Section(s) on the application. ? Please provide a signed copy of the application. ? Please provide copies of the application, copies of the site plans and other supporting information: ? Please submit electronic CAD files showing via email to ian.mcmillan@ncmail.net and M Mitigation ? of compensatorymitigation is required for this project. Please provide a compensatory mitigation plan. The plan must conform to the requirements in 15 A NCAC 2H .0500 and must be appropriate to the type of impacts proposed. ? Please indicate which 404 Permit the USACE would use to authorize this project. SOIL & ENVIRONMENTAL CONSULTANTS, PA NC Division of Water Quality Tr.,n H Invoice Type Date Reference 12350 08022006 Invoice 08/02/06 9881.W1 Permit App. Check Plurcber Date: 8/2/2006 Check rTt: Balance Disccunt $200.00 $0.00 x.2006 AU ? 0 ? 001346 1346 $200.00 Fay A^'unt_ $200.00