20070226 Ver 1_401 Application_20070207

. • .;
Mitchell Environmental, P.A.
January 31, 2007 2 ~ ~ 7 a 2 2 8
Mr. Thomas Farrell Mrs. Cyndi Karoly
US Army Corps of Engineers NCDWQ- 401/Wetlands Certification Unity
69 Darlington Avenue 2321 Crabtree Blvd.
PO Box 1890 Suite 250
Wilmington, NC 28402 Raleigh, NC 27604
Re: Whetstone Subdivision -After the Fact PCN Application
Angier, North Carolina (Harnett County- Cape Fear River Basin)
Mr. Farrell and Mrs. Karoly:
Attached is a completed After the Fact Pre-Construction Notification Application for Whetstone
Subdivision in Angier, NC (Harnett Counry). Phase 2 of this subdivision will create 40 more single-family
home sites on the 15.76 acre property. This acreage does not include any lots west of lots 18 and 63 (phase
1). The existing impacts are one road crossing, lot fill and one temporary existing sanitary sewer impact.
The only proposed additional impact is a driveway crossing for lots 18 and 19. These impacts are
unavoidable, as illustrated on the attached plans. The stub street that is located north off of Whetstone
Drive will be removed and the wetlands in that location will be restored.
The subdivision disposes of domestic waste through the existing public sanitary sewer. The total proposed
impervious surface area for this project is approximately 4.196 acres or approximately 26% of this 15.76
acre site.
Thank you for your time spent reviewing this PCN Application. Please do not hesitate to call me if you
have any questions, comments or concerns about this project or if you need any additional information to
process the application.
Sincerely,
~~"'~
.e
Scott Mitchell, PE, LSS
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602 East Academy Street Suite 105 Fuquay-Varina, North Carolina 27526
~ce:919-557-4682 Fax: [phone] Mobile:[phone]

Office Use Only: Form Version March OS
USACE Action ID No. DWQ No. 2 ~ 0 7 ~ 2 2 6
(If any particular item is not applicable to this project, please enter "Not Applicable" or "N/A".)
I. Processing
II.
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: 39
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), cll lae~~-4~; ~-,
t.
"~
Applicant Information ~. '

Owner/Applicant Information
~t r<~ ~e~i i Y
Name: K & H Developers LLC ;~ ~7trr~ ~.,,~, ~~ ~ ,rr~~~ ~~ sRa~~{:~~~
Mailing Address: 204 Scholl Street
Fuquay-Varina, North Cazolina 27526
C iJn.~nd_ NoLl~e, n..arn_ ~ ~.:
Telephone Number: 919-669-4707 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: Kellie Norris
Company Affiliation: Mitchell Environmental PA
Mailing Address: 602 East Academy Street
Suite 105
Fuquay-Vazina, North Cazolina 27526
Telephone Number: 919-557-4682 Fax Number: 919-557-4683
E-mail Address: bsmenvironmental(c~earthlink.net
Page 5 of 12

III. Project Information
Attach a vicinity map clearly showing the location of the property with respect to local
landmarks such as towns, rivers, and roads. Also provide a detailed site plan showing property
boundaries and development plans in relation to surrounding properties. Both the vicinity map
and site plan must include a scale and north arrow. The specific footprints of all buildings,
impervious surfaces, or other facilities must be included. If possible, the maps and plans should
include the appropriate USGS Topographic Quad Map and NRCS Soil Survey with the property
boundaries outlined. Plan drawings, or other maps may be included at the applicant's discretion,
so long as the property is clearly defined. For administrative and distribution purposes, the
USACE requires information to be submitted on sheets no larger than 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: Whetstone Subdivision
2. T.LP. Project Number or State Project Number (NCDOT Only):
3. Property Identification Number (Tax PIN): 0674-95-4224
4. Location
County: Harnett Nearest Town: Angier
Subdivision name (include phase/lot number): Whetstone Subdivision
Directions to site (include road numbers/names, landmarks, etc.): Take I40 to 401 South
Exit. Follow 401 South to NC 55. Turn left onto NC 55 and follow to SR 1501. Turn left
onto SR 1501and then turn right onto Kerry Lane into Whetstone Subdivision.
5. Site coordinates (For linear projects, such as a road or utility line, attach a sheet that
separately lists the coordinates for each crossing of a distinct waterbody.)
Decimal Degrees (6 digits minimum): 35.5220 °N 78.7362 °W
6. Property size (acres): 15.76 (This acreage does not include anythin~Lwest of lots 63 and 18.)
7. Name of nearest receiving body of water: Little Black Creek
8. River
(Note -this must be one of North Carol~a's seventeen designated major river basins. The
River Basin map is available at http://h2o.enr.state.nc.usladmin/mapsl.)
9. Describe the existing conditions on the site and general land use in the vicinity of the project
at the time of this application: Phase I is developed and has homes. Phase II is primarily
forested or abandoned agriculture fields with the exception of existing impacts illustrated.
Page 6 of 12

10. Describe the overall project in detail, including the type of equipment to be used: Several
tyyes of equipment will be used such as trackhoes, backhoes, pans, and dumptrucks.
11. Explain the purpose of the proposed work: The purpose of developing this property is to
construct a residential subdivision.
IV. Prior Project History
If jurisdictional determinations and/or permits have been requested and/or obtained for this
project (including all prior phases of the same subdivision} in the past, please explain. Include
the USACE Action ID Number, DWQ Project Number, application date, and date permits and
certifications were issued or withdrawn. Provide photocopies of previously issued permits,
certifications or other useful information. Describe previously approved wetland, stream and
buffer impacts, along with associated mitigation (where applicable). If this is a NCDOT project,
list and describe permits issued for prior segments of the same T.I.P. project, along with
construction schedules. On August 2, 2005, U.S. Arm~Corps of En ineers staff documented
unauthorized wetland dredge and fill activities on this property. A letter was received on
September 27, 2005. (USACE Action ID Number: 200400866)
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.
This project does not have any future project plans.
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.
1. Provide a written description of the proposed impacts: The three existing impacts are for a
road crossing, lot fill, and sanitary sewer. One additional impact is proposed to access the
rear of lots 18 and 19.
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.
Page 7 of 12

Type of Wetland Located Distance
Wetland Impact (e.g., forested, ~yithin to
Nearest
Area of Impact (acres)
Site Number Type of Impact marsh, 100-year Stream
(indicate on map) herbaceous, bog, Floodplain (linear
etc.) (yes/no) feet)
lA Road Crossing forested no 300 .4243
(existin
1B Existing Road Crossing forested no 300 -0.2089
to be removed
2A Lot Fill existin) forested no 200 0.1797

2B Existing Lot Fill
forested
no
200
-0.0329
(to be removed)
3A Sanitary Sewer forested no 250 0.0392
(existin & tem o )
3B Sanitary Sewer herbaceous no 250 0.186
(existin & tem o
4 Road Crossing herbaceous no 250 0.1009
ro osed)
S Driveway Crossing forested no 200 0.0103
ro sed)
0.6040 (existing permanent)
Total Wetland Impact (acres) 0.2252 (existing temporary)
0.4733 (proposed permanent)
0.2252 (proposed temporary)
3. List the total acreage (estimated) of all existing wetlands on the property: 3.61 acre
4. Individually list all intermittent and perennial stream impacts. Be sure to identify temporary
impacts. Stream impacts include, but are not limited to placement of fill or culverts, dam
construction, flooding, relocation, stabilization activities (e.g., cement walls, rip-rap, crib
walls, gabions, etc.), excavation, ditching/straightening, etc. If stream relocation is proposed,
plans and profiles showing the linear footprint for both the original and relocated streams
must be included. To calculate acreage, multiply length X width, then divide by 43,560.
Stream Impact
Number
(indicate on ma)
Stream Name
Type of Impact
Perennial 07
Intermittent. Average
Stream Width
Before Im act Impact
Length
(linear feet) Area of
Impact
(acres)

none
Total Stream Impact (by length and acreage)
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.
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

none
Total Open Water Impact (acres)
Page 8 of 12

6. List the cumulative impact to all Waters of the U.S. resulting from the project:
Stream Impact (acres): 0.0000
Wetland Impact (acres): 0.69854
0.6040 (existing permanent)
0.2252 (existing temporary)
0.4733 (proposed permanent)
0.2252 ro osed tem o
Open Water Im act (acres): 0.0000
Total Impact to Waters of the U.S. (acres) 0.69854
0.6040 (existing permanent)
0.2252 (existing temporary)
0.4733 (proposed permanent)
0.2252 ro osed tem o )
Total Stream Impact (linear feet): 0.0000
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.
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.): none
Proposed use or purpose of pond (e.g., livestock watering, irrigation, aesthetic, trout pond,
local stormwater requirement, etc.): none
Current land use in the vicinity of the pond:
Size of watershed draining to pond: Expected pond surface area:
VII. Impact Justification (Avoidance and Minimization)
Specifically describe measures taken to avoid the proposed impacts. It may be useful to provide
information related to site constraints such as topography, building ordinances, accessibility, and
financial viability of the project. The applicant may attach drawings of alternative, lower-impact
site layouts, and explain why these design options were not feasible. Also discuss how impacts
were minimized once the desired site plan was developed. If applicable, discuss construction
techniques to be followed during construction to reduce impacts. Existing road impacts are
located in the narrowest portion of the wetlands as illustrated.. A portion _of the sanitary sewer
was constructed in an herbaceous wetland which minimized impacts to forested wetlands. A
proposed driveway crossin ig s required to access buildable portions of lots 18 and 19. Proposed
Road Crossing (Impact area 41 is located in same area as existing farm path.
Page 9 of 12

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.ne.us/ncwetlands/strmgide.html.
Provide a brief description of the proposed mitigation plan. The description should provide
as much information as possible, including, but not limited to: site location (attach directions
and/or map, if offsite), affected stream and river basin, type and amount (acreage/linear feet)
of mitigation proposed (restoration, enhancement, creation, or preservation), a plan view,
preservation mechanism (e.g., deed restrictions, conservation easement, etc.), and a
description of the current site conditions and proposed method of construction. Please attach
a separate sheet if more space is needed.
Owner proposes the preservation of wetlands and adjacent upland areas on site as
mitigation for existing_ and proposed impacts. Any remaining required mitigation will be
provided through payment to the NCEEP, if rewired.
2. Mitigation may also be made by payment into the North Carolina Ecosystem Enhancement
Program (NCEEP). Please note it is the applicant's responsibility to contact the NCEEP at
[phone] to determine availability, and written approval from the NCEEP indicating
that they are will to accept payment for the mitigation must be attached to this form. For
additional information regarding the application process for the NCEEP, check the NCEEP
website at http://h2o.enr.state.ne.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): none
Amount of buffer mitigation requested (square feet): none
Page 10 of 12

Amount of Riparian wetland mitigation requested (acres): none
Amount ofNon-riparian wetland mitigation requested (acres): none
Amount of Coastal wetland mitigation requested (acres): none
IX. Environmental Documentation (required by DWQ)
1. Does the project involve an expenditure of public (federal/state/local) funds or the use of
public (federal/state) land? Yes ^ No
2. If yes, does the project require preparation of an environmental document pursuant to the
requirements of the National or North Carolina Environmental Policy Act (NEPA/SEPA)?
Note: If you are not sure whether a NEPA/SEPA document is required, call the SEPA
coordinator at [phone] to review current thresholds for environmental documentation.
Yes ^ No ^
If yes, has the document review been finalized by the State Clearinghouse? If so, please
attach a copy of the NEPA or SEPA final approval letter. Yes ^ No ^
X. Proposed Impacts on Riparian and Watershed Buffers (required by DWQ)
It is the applicant's (or agent's) responsibility to determine, delineate and map all impacts to
required state and local buffers associated with the project. The applicant must also provide
justification for these impacts in Section VII above. All proposed impacts must be listed herein,
and must be clearly identifiable on the accompanying site plan. All buffers must be shown on a
map, whether or not impacts are proposed to the buffers. Correspondence from the DWQ
Regional Office may be included as appropriate. Photographs may also be included at the
applicant's discretion.
1. Will the project impact protected riparian buffers identified within 1SA NCAC 2B .0233
(Meuse), 1 SA NCAC 2B .0259 (Tar-Pamlico), 1 SA NCAC 02B .0243 (Catawba) 1 SA 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
s uare feet) Multiplier Required
Miti ation
1 None 3 (2 for Catawba)
2 None 1.S
Total None
* Zone 1 extends out 30 feet perpendicular from the top of the near bank of channel; Zone 2 extends an
additiona120 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
Page 11 of 12

Ripazian Buffer Restoration Fund). Please attach ali appropriate information as identified
within 15A NCAC 2B .0242 or .0244, or .0260. none
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. Using 2500 ft2of impervious area per homesite
per lot, the total impervious area for the homesites would be 2.296 acres. The roadway has a
total of 1.9 acres of impervious area. The total impervious acrea a is 4.196 acres or about 26%.
XII. Sewage Disposal (required by DWQ)
Clearly detail the ultimate treatment methods and disposition (non-discharge or dischazge) of
wastewater generated from the proposed project, or available capacity of the subject facility.
Sewage disposal is discharged through an existing.public sanita~ sewer.
XIII. Violations (required by DWQ)
Is this site in violation of DWQ Wetland Rules (15A NCAC 2H .0500) or any Buffer Rules?
Yes ® No ^
Is this anafter-the-fact permit application? Yes ® No ^
XIV. Cumulative Impacts (required by DWQ)
Will this project (based on past and reasonably anticipated future impacts) result in additional
development, which could impact neazby 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.ih?c~~ei~c.state.nc.kls/ncwetlands. If no, please provide a short narrative description: This
protect will likely not result in additional 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 l2 of 12

Ju 1 %''I U5 C14: 1 EiP i odd Ho 1 Leman 515-Ei:j~-:i5~5
B. Scott Mitchell Environmental Consulting
AGENT AUTHORIZATION FORM
Ai.L BI.A~KS TO BF FIt,LEi) IN BY Ct)RRE'.JT LANI)OWDIER
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I, the cum.nt pmprrty c,wner, hereby designate anJ authon~c B. Scott Mitchell l;nvitnnmental
('r,nsultinb to ac[ on my behalf ae my agent in tt-e processing of pcrrnit applications, to famish upon
rcqucct supplemental infc,rmation in st-ppnrt of applications, etc., fmm this day forward. This the
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This notification su~rcrdrs any previous correax-nder-,:r. concerning the abrnt fot this project.
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Page 1 of 1
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20070.226.

DATA FORM
ROUTINE WETLAND DETERMINATION ~ O 0 7 0 2 2 6
(1987 COE Wetlands Determination Manual)
Project I Site: Whetstone Subdivision Date: 7-27-2005
Applicant I Owner: K & H Developers, LLC County: Harnett
Investigator: Scott Mitchell State: NC

Do normal circumstances exist on the site? Yes X No Community ID:
Is the site significantly disturbed (Atypical situation)? Yes No X Transect ID:
Is the area a potential problem area? ves No X Plot ID:
(explain on reverse if needed)
VEGETATION
Dominant Plant Species Stratum Indicator Dominant Plant Species Stratum Indicator
1. Toxicodendron radicans VI FAC 9. Liriodendron tulipifera SS FAC
2. Pinus taeda TR FAC 10. Vitis rotundifolia VI FAC
3. Smilax rotundifolia VI FAC 11.
4. Rubus betulifolius HR FAC 12.
5. Acer rubnxm TR FAC 13.
6. Ouercus alba TR FACU 14.
7. Platanus occidentalis SS FACW- 15.
8. Liquidambar styraciflua SS FAC+ 16.
Percent of Dominant Species that are OBL, FACW, or FAC excluding FAC-). 90
Remarks:
HYDROLOGY
Recorded Data (Describe In Remarks): Wetland Hydrology Indicators
Stream, Lake, or Tide Gauge
Aerial Photographs Primary Indicators:
Other Inundated
-Saturated in Upper 12"
X No Recorded Data Available Water Marks
Drift Lines
Field Observations: Sediment Deposits
Drainage Patterns in Wetlands
Depth of Surface Water: N/A (in.) Secondary Indicators:
Oxidized Roots Channels in Upper 12"
De th to Free Water in Pit: 18+ ~;n,
p ) Water-Stained Leaves
x Local Soil Survey Data
Depth to Saturated Soil: 18+ (in.) x FAC-Neutral Test
Other (Explain in Remarks)
Remarks:
Saturated soil observed near surface on June 6`h & 8`h of 2005.
SOILS

Map Unit Name
(Series and Phase): Drainage Class:
Taxonomy (Subgroup): Confirm Mapped Type? Yes No
Profile Descriation:
Depth Matrix Colors Mottle Colors Mottle Texture, Concretions,
(inches) Horizon (Munsell Moist) (Munsell Moist) Abundance/Contrast Structure, etc.
0-7 A SY 2.5/I None N/A Loam
7-15 BI tOYR 4/2 IOYR 3/1 25% Loam
I5-18 B2 2.SY 6/2 IOYR 4/6 30% Loam
Hydric Soil Indicators:
Histosol Concretions
Histic Epipedon -High Organic Content in Surface Layer in Sandy Soils
Sulfidic Odor Organic Streaking in Sandy Soils
___ __ Aquic Moisture Regime Listed On Local Hydric Soils List
x Reducing Conditions Listed on National Hydric Soils List
x Gleyed or Low-Chroma Co lors Other (Explain in Remarks)
Remarks:
WETLAND DETERMINATION
Hydrophytic Vegetation Present? Yes X No
Wetland Hydrology Present? Yes X No
Hydric Soils Present? Yes X No
Is the Sampling Point
Within a Wetland? Yes X No
Remarks:

DATA FORM 2 0~ T Q 2 2 6
ROUTINE WETLAND DETERMINATION
(1987 COE Wetlands Determination Manual)
Project /Site: Whetstone Subdivision Date: 7-27-2005
Applicant !Owner: K & H Developers, LLC County: Harnett
Investigator: Scott Mitchell State: NC

Do normal circumstances exist on the site? Yes X No Community ID:
Is the site significantly disturbed (Atypical situation)? Yes No X Transect ID:
Is the area a potential problem area? Yes Wo X Plot ID:
(explain on reverse if needed)
VEGETATION
Dominant Plant Species Stratum Indicator Dominant Plant Species Stratum Indicator
1, Liquidambar st~raciflua SS FAC+ 9.
2. Pinus taeda SS FAC 10.
3. Liriodendron tulipifera SS FAC 11.
4. Rubus betulifolius HR FAC 12•
5. Vitis rotundifolia VI FAC 13.
6. 14.
7. 15.
g, 16.
Percent of Dominant Species that are OBL, FACW, or FAC excluding FAC-). 100
Remarks:
HYDROLOGY
Recorded Data (Describe In Remarks): Wetland Hydrology Indicators
Stream, Lake, or Tide Gauge
_ Aerial Photographs Primary Indicators:
Other Inundated
-Saturated in Upper 12"
X No Recorded Data Available _ water Marks
Drift Lines
Field Observations: Sediment Deposits
Drainage Patterns in Wetlands
Depth of Surface Water: N/A (in.) Secondary Indicators:
Oxidized Roots Channels in Upper 12"
Depth to Free Water in Pit: 17+ (in.) WaterStained Leaves
- Local Soil Survey Data
Depth to Saturated Soil: 17+ (in.) _FAC-Neutral Test
Other (Explain in Remarks)
Remarks:
SOILS

Map Unit Name
(Series and Phase): Drainage Class:
Taxonomy (Subgroup): Confirm Mapped Type? Yes_ No
Profile Descriation:
Depth Matrix Colors Mottle Colors Mottle Texture, Concretions,
linches- Horizon (Munsell Moist- (Munsell Moist- AbundancelContrast Structure, etc.
0-9 A 2.SY 4!3 None N/A Loam
9-17+ B 2.SY 6/4 None N/A Loam
Hydric Soil Indicators:
__.~ Histosol Concretions
Histic Epipedon -High Organic Content in Surface Layer in Sandy Soils
__ Sulfidic Odor Organic Streaking in Sandy Soils
_,____ Aquic Moisture Regime Listed On Local Hydric Soils List
Reducing Conditions Listed on National Hydric Soils List
Gleyed or Low-Chroma Colors -Other (Explain in Remarks)
Remarks:
WETLAND DETERMINATION
Hydrophytic Vegetation Present?
Wetland Hydrology Present?
Hydric Soils Present?
Remarks:
Yes X No Is the Sampling Point
Yes No X Within a Wetland? Yes_ No X
Yes No X
U land

JAN 12,2007 09:93A B. Scott Mitchel 5770875 page 3
• ~ xr.cr~.crxio t•rr~+r~~~ v~r+cu wau•~~~iviv~. ~'h!•.yll(J Y.C
' I
200 ~o22s

WFIHRF.AS, the United Stasis of America, oa boisalf'of the tlaitod $tatcs Atmy Corps of
Bngineers (Corps) may file a cotapleint against K & A Developers, LLG ('potential defendanas)") for,
into olia, alleged violations of Section 4114 of the Clean Water Act ("CWA"), at a site coauaamly known
es Whatstoae Snbdtviaion, !base II, which is the apbject of the eafoscemeat action igitiattd by the
Wilmiagoori District Regulatory Di'visioa, Aotian ID: X00900866,
WHERSA.S, the purpose of any such oomplegnt waaild be to obtain appropriate injunctive relief
and to impose appropriato civil or criminal penalties for potential deStaidant'(s) alleged violatioos of the
sratute(s) cttcd above;
WI3BR13A4, the Coops accepted alt alber`tlu-fact (ATfi} permit npp2ioaiton from the potential
de~fendant(s} is an attempt to setae the above claims;
WHEREAS, both partica believr that them interearb will best be salved by Coruinuing the ATA
permit process without the disruptioq Hitt might be occasioned should the United States &le a complaint
in the inurit7diate future;
AND W I'iEREAS both parties acimowiocl$e Cho roquu~a:tent found at 33 C.p.R. 331. t I (c) for qa
applicant for as A'l~ petrtiit to provide a signed tolling egreasteait;
TF~RBFOItE, the C7nited States sat potential defendarrt(s} etipttiate sad sgrae a9 follows:
1. The United States and poterilial defeadentjs) agree that flit time betwe~oa the acceptance by
Ws Corps of the ATF pe~rnit apj+lication and the final Cotps decimioa (as defined at 33 CFR 331.10) vvi~l
not be i3tcluded is caleulatiag any statuae of limitations that migxit be applicable to the alleged statutory
viol;tioA(s) described above. Potential defendants agree not to assert, plead, or raise in arty titshion on
behalf of say party, whether by aacaer, motion, or othet~vise, any dofease or avoidsaoe based on the
reniniag of tnY statute of limitations tlia# tray apply during that period or any defense or avoidance Uaeed
on Caches or other prnnnciplo concoraing the timeliness of commcxiciug s civil action, based on the faitnre
of the United States to file its coiriptauit during that period.
CEP 20,2005 01:06i' 91Ql,,]9Q25 page 2

JAN 12,2007 a9;93A B. Scott Mitchel 5770875
- ~'. G10. cnioo 1 ; ~a~+n•i U5h1LU W 1lPi l l`Ila 1 v1Y NU . ;i~M F~ ..j
2. Potenriai defendants Bother agree qot t0 tt$aafer the property in question during the
pca~dutcy of this tolling atp'ocment nor during ffie pendency of any civil action brought as descn'bed
above, wis}wut tltst rwdlying the United Starts sad giving the United Blasts a ttesonabie opporttmity to
oppooe such transfor.
3. Nothing in this tolling agi~eetneat shall restrict or otherwise prevent the Tlaited States from
filing a complaint regarding any allcgcd etaoutory violation(s) trot daaut'bod above, at nay liras.
4. This tolling agt~eement dog not constitute say sd:aiaeion of liability oa tha part of potmtisl
defendants; not does it ooastitute say adtttis:ion or acknowledgment on the part of the United Stites that
any ad~amo of limitations has rtut or that any :blots of limitadona is applicable to rho statutory claims
described above.
S. This tolling agrccmcat contains the entire agttxmcat betwoen the patties, and no statrement;
promise or inducement sands by qtly party m this agrecmcut, or sny agent of such patties, that is not set
fords in eltia agreement aball be valid or binditt~. This tolling a~creetrretlt may nat ba onlarged~ modified or
aiteired eaccept !a writ9ag siBaed by the parties. 'This alliug agtt+oetnetn taay bo nxoa,tnd is counterparts.
FOR the Unttod Stater o! Mrerica:
Brooke t,amson
Dt:<rtot Counsel DATE
Wihnittgpatt District. U.S. Army Corps of eesa
FOR• K & ra, LL,C
(ns<nte isdlviduat stigtalag for appikat-tl DATE
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page 4
SE:P 20,2006 01:07P 91Q2514025
paq~ 3

Whetstone Subdivision
Proposed Restoration Area

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WHETSTONE
COMPUTER SHEET
10/ 18/06
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Wetlands Impact Map
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COMPUTER SHEET
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~ February 5, 2007
Whetstone Subdivision
Stubb Street Wetland Restoration
Entire restored area to be restored to original grade.
Excavate 6 inches below original grade and backfill with 6
inches of topsoil to promote plant survival.
Existing Sewer Easement to be
restored and revegetated with native
herbaceous seed mixture
. Existing road and lot fill to be
restored and revegetated with native
herbaceous seed mixture & native
facultative trees, such as loblolly
pines, willow oak, river birch, etc.
^^

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JUNNY ROAD, SR 1501
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UNE TABLE
UNE BEARING DISTANCE UNE BEARING DISTANCE
Lt S 455 '12" E 83.23' L31 N 2547'39" W 144.02'
l2 S 0'i ' 4" 494 ' L32 N 44'56'11" W 28.33'
L3 S 25'23'43' W 35.86' l33 N 19'59'25' E 40.82'
L4 S 7306'13' E 42.41 L34 N 41'52'50' E 133.42'
L5 S 68'20'59' 8.15' L35 N 41'52'50" E 74.42'
l8 N 04 47'55' E 35.02' L'45 S 41'00'46' W 32.40'
L7 N 04 58'49' E 32.26' l46 S 31'D1'45" W 28.99'
L8 N 03'54'51' E 18.88' L49 N 1134'4 " E 36.95'
L9 N 01'33'49' W 17.92' L50 N 71'21'46' W 51.28'
L10 N 08'42'37' W 28.70' L51 N 01'50'40' W 44.09'
L11 S 50'49'38" W 35.20' L52 N 10'55'05' W 32.59'
L12 S 08'28'41' W 70.51' L53 5 46'11'48" W 37.50'
L13 S 13'0 'S9' W 2 .08' LS'~ 5 35'08'34' W 63.55'
L14 N 7148'40' W 18.27' L55 N 83'37'39' W 31.64'
U 5 N 19'43'38' W 20.96' L56 S 06'52'36" W 28.34'
L16 N 09'25'17' W 39.31' L57 N 63'47'20' W 69.98'
L17 N 0438'47' W 51.92' L~ N 8103'55' W 89.96'
L18 S 42'26'24' W 87.81' L59 N 80'48'28' W 56.22'
L19 S 26'28'51' W 163.64' l60 N 76'05'51' W 64.54'
L20 S 1132'26' W 88.50' l61 N 4333'21' W 30.53'
L21 S 38'31'38' W 45.84' L62 S 08'1141" E 16.77
L22 S 09'49'48" W 70.68' L63 N 7501'50' E 65.98'
L23 S 54'08'50' W 87.23' L64 S 80'06'04' E 56.10'
L24 N 50' '19" W 41.76' L65 S 7526'15' E 74.10'
L28 N 09'51'28' E 291.40' L66 S 60'54'47' E 90.44'
l29 N 81'04'05' E 115.60' L87 S 33'05'03' W 7.64'
L30 N 31'28'47' E 155.44'
LEGEND
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VICINITY MAP
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THERE IS CHANGE IN THE uw OR OUR. PUBLISHm REGULATIONS, 1NLS
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NOTES
AREAS ARE BY COORDINATE CALCULATION. /
ONLY PORTIONS OF THIS PROPERTY NORTH
AND EAST OF LOT 18 WERE EVALUATED
FOR THIS WETLAND DEUNATION. /
/,' , ~ i `
DATE
USACE ACTION ID _
S 87'37'08" W 660.23'
LIGHTER
KNOT
20070226
RICHARD A. COLLINS
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