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APR 1 1 Z005

Pre-Construction Notification (PCN) Application Form

For Section 404 and/or Section 10 Nationwide, Regional and General Permits, Section 401
General Water Quality Certifications, and Riparian Buffer and Watershed Buffer Rules

This form is to be used for projects qualifYing for any of the U.S. Army Corps of Engineers' (USACE)
Nationwide, Regional or General Permits as required by Section 404 of the Clean Water Act and/or
Section 10 of the Rivers and Harbors Act, and for the North Carolina Division of Water Quality's
(DWQ) associated General 401 Water Quality Certifications. This form is also to be used for any
projcct requiring approval under any Riparian Buffcr Rules implemented by the N.C. Division of Water
Quality. This form should not be used if you arc requesting an Individual 404 Permit or Individual 401
Water Quality Certification. The USACE Individual Permit application form is available onlinc at
http://wvvw.saw.usace.annv.mil/wetlands/Permapp.htm.

The USACE is the lead regulatory agency. To rcview the requirements for the use of Nationwide,
Regional or General permits, and to determine which permit applies to your project, please go to the
USACE website at http://www.saw.usace.army.mil/wetlands/index.htm. or contact one of thc field
offices listed on page 3 of this application. The website also lists the rcsponsiblc project manager for
each county in North Carolina and provides additional information rcgarding the identification and
regulation of wetlands and waters of the U.S.

The DWQ issues a corresponding Certification (General or Individual), and cannot tell the applicant
which 401 Certification will apply until the 404 Permit type has been determined by the USACE.
Applicants are encouraged to visit DWQ's 40l/Wetlands Unit website at
http://h2o.enr.state.nc.us/ncwetlands to read about current requirements for the 401 Water Quality
Certification Program and to determine whether or not Riparian Buffer Rules are applicable. The
applicant is also advised to read the full text of the General Certification CGC) matching the specific 404
Permit requested. In some cases, written approval for General Certifications is not required, provided
that the applicant adheres to all conditions of the GC. Applicants lacking access to the internet should
contact DWQ's Central Office in Raleigh at [phone].

Trout Waters Coordination - Special coordination with the North Carolina Wildlife Resources
Commission (NCWRC) is required for projects occurring in any of North Carolina's twenty-five
counties that contain trout waters. In such cases, the applicant should contact the appropriate NCWRC
regional coordinator (listed by county on page 4 of this application) prior to submittal of the application.

Page 1 of 1

Coastal Area Management Act (CAMA) Coordination - If the project occurs in any of North Carolina's
twenty coastal counties (listed on page 4) the applicant should contact the North Carolina Division of
Coastal Management (DCM). DCM will determine whether or not the project is within a designated
Area of Environmental Concern, in which case DCM will act as the lead permitting agency. In such
cases, DCM will require a CAMA Permit and will coordinate the 404/401 Permits.

The applicant may also choose to coordinate with the United States Fish and Wildlife Service to ensure
that the proposed project will have no impact upon any endangered or threatened species or critical
habitat as regulated by the Endangered Species Act, and the State Historic Preservation Office, North
Carolina Department of Cultural Resources to ensure that the proposed project will have no impact upon
any properties listed or eligible for listing on the National Register of Historic Places. Compliance with
these regulations is required to be eligible for any Department of the Army permit. The addresses for
both agencies are listed on page 3 of this application.

USACE Pcrmits - Submit one copy of this form, along with supporting narratives, maps, data forms,
photos, etc. to the applicable USACE Regulatory Field Office. Upon receipt of an application, the
USACE will determine if the application is complete as soon as possible, not to exceed 30 days. This
PCN form is designed for the convenience of the applicant to address information needs for all USACE
Nationwide, Regional or General permits, as well as information required for State authorizations,
certifications, and coordination. Fully providing the information requested on this form will result in a
complete application for any of the USACE Nationwide, Regional or General pernlits. To review the
minimum amount of information that must be provided for a complete PCN for each USACE
Nationwide permit, see Condition 13, 65 Fed. Reg. 12893 (March 9, 2000), available at
http://www.saw.usace.annv.mil/wctlands/mvpfinaIFedRcf!:.pdf. Processing times vary by permit and
begin once the application has been determined to be complete. Please contact the appropriate
regulatory field office for specific answers to permit processing periods.

401 Watcr Quality Ccrtification or Buffcr Rulcs - All information is required unless otherwise stated
as optional. Incomplete applications will be returned. Submit scvcn collated copies of all USACE
Pennit materials to the Division of Water Quality, 40l/Wetlands Unit, 1650 Mail Service Center,
Raleigh, NC, 27699-1650. If written approval is required or specifically rcquested for a 401
Certification, then a non-refundable application fee is required. In brief, if project impacts include less
than one acre of cumulative wetland/water impacts and less than 150 feet cumulative impacts to
streams, then a fee of $200 is required. If either of these thresholds is exceeded, then a fee of $475 is
required. A chcck made out to the North Carolina Division of Water Quality, with the spccific name of
the project or applicant identified, should be stapled to the front of the application package. For more
information, see the DWQ web site at http://h20.ehnr.state.nc.us/ncwetlands/fccs.html. The fee must be
attached with the application unless the applicant is a federal agency in which case the check may be
issued from a separate office. In such cases, the project must be identifiable on the U.S. Treasury check
so that it can be credited to the appropriate project. If written approval is sought solely for Buffer Rules,
the application fee does not apply, and the applicant should clearly state (in a cover letter) that only
Buffer Rule approval is sought in writing. Wetlands or waters of the U.S. may not be impacted prior to
issuance or waiver of a Section 401 Water Quality Certification. Upon rcceipt of a complete application
for a 401 Certification, the Division of Water Quality has 60 days to prepare a written response to the
applicant. This may include a 401 Certification, an on-hold letter pending receipt of additional
requested information, or denial.

Page 2 of2

US Army Corps Of Engineers Field Offices and County Coverage
Asheville Regulatory Field Office Alexander Caldwell Haywood McDowell Swain
US Anny Corps of Engineers Alleghany Catawba Henderson Mecklenburg Transylvania
151 Patton A venue Ashe Cherokee Iredell Mitchell Union
Room 208 A very Clay Jackson Polk Watauga
Asheville, NC 28801-5006 Buncombe Cleveland Lincoln Rowan Yancey
Telephone: [phone] Burke Gaston Macon Rutherford
Fax: [phone] Cabarrus Graham Madison Stanley
Raleigh Regulatory Field Office Alamance Franklin Nash S urry
US Anny Corps Of Engineers Caswell Forsyth Northampton Vance
6508 Falls of the Neuse Road Chatham Granville Orange Wake
Suite 120 Davidson Guilford Person Warren
Raleigh, NC 27615 Davie Halifax Randolph Wilkes
Telephone: [phone] Durham Johnston Rockingham Wilson
Fax: [phone] Edgecombe Lee Stokes Yadkin
Washington Regulatory Field Office Beaufort Currituck Jones Pitt
US Anny Corps Of Engineers Bertie Dare Lenoir Tyrrell
Post Office Box 1000 Camden Gates Martin Washington
Washington, NC 27889-1000 Carteret* Green Pamlico Wayne
Telephone: [phone] Chowan Hertford Pasquotank
Fax: [phone] Craven Hyde Perquimans *Croatan National Forest Only
Wilmington Regulatory Field Office Anson Duplin Onslow
US Anny Corps Of Engineers Bladen Harnett Pender
Post Office Box 1890 Brunswick Hoke Richmond
Wilmington, NC 28402-1890 Carteret Montgomery Robeson
Telephone: [phone] Colwnbus Moore Sampson
Fax: [phone] Cumberland New Hanover Scotland

North Carolina State Agencies

Division of Water Quality
401 Wetlands Unit
1650 Mail Service Center
Raleigh, NC 27699-1650
Telephone: [phone]
Fax: [phone]

Division of Water Quality
Wetlands Restoration Program
1619 Mail Service Center
Raleigh, NC 27699-1619
Telephone: [phone]
Fax: [phone]

State Historic Preservation Office
Department Of Cultural Resources
4617 Mail Service Center
Raleigh, NC 27699-4617
Telephone: [phone]
Fax: [phone]

US Fish and Wildlife Service / National Marine Fisheries Service

US Fish and Wildlife Service
Raleigh Field Office
Post Office Box 33726
Raleigh, NC 27636-3726
Telephone: [phone]

US Fish and Wildlife Service
Asheville Field Office
160 Zillicoa Street
Asheville, NC 28801
Telephone: [phone]

National Marine Fisheries Service
Habitat Conservation Division
Pivers Island
Beaufort, NC 28516
Telephone: [phone]

Page 3 of3

Division of Coastal Management
1638 Mail Service Center
Raleigh, NC 27699-1638
Telephone: [phone]
Fax: [phone]

Western Piedmont Region Coordinator
3855 Idlewild Road
Kernersville, NC 27284-9180
Telephone: [phone]

Mountain Region Coordinator
20830 Great Smoky Mtn. Expressway
Waynesville, NC 28786
Telephone: [phone]
Fax: [phone]

CAMA and NC Coastal Counties

Beaufort
Bertie
Brunswick
Camden
Carteret

Chowan
Craven
Currituck
Dare
Gates

NCWRC and NC Trout Counties

Alleghany
Ashe
A very
Burke

Buncombe
Cherokee
Clay
Graham
Haywood

Caldwell
Mitchell
Stokes
Suny

Henderson
Jackson
Macon
Madison
McDowell

Hertford
Hyde
New Hanover
Onslow
Pamlico

Watauga
Wilkes

Polk
Rutherford
Swain
Transylvania
Yancey

Pasquotank
Pender
Perquimans
TyrrelI
Washington

APPLICATION FORM BEGINS ON PAGE 5. PLEASE DO NOT SUBMIT PAGES 1 - 4.

Page 4 of 4

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APR 1 1 2005

Office Use Only:

Fonn Version May 2002

USACE Action ID No. DWQ No.
(Ifany particular item is not applicable to this project, please enter "Not Applicable" or "N/A".)

I. Processing

1. Check all of the approval(s) requested for this project:
[g] Section 404 Permit D
D Section 10 Permit D
[g] 401 Water Quality Certification

Riparian or Watershed Buffer Rules
Isolated Wetland Permit from DWQ

2. Nationwide, Regional or General Permit Number(s) Requested: NWP 12

3. If this notification is solely a courtesy copy because written approval for the 401 Certification
is not required, check here: D

4. If payment into the North Carolina Wetlands Restoration Program (NCWRP) is proposed for
mitigation of impacts (verify availability with NCWRP prior to submittal of PCN), complete
section VIII and check here: D

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: D

II. Applicant Information

1. Owner/Applicant Information
Name: Riddle Commercial Properties, Inc.
Mailing Address: 238 North McPherson Church Road
Fayetteville, NC 28303

Telephone Number: 910-864-3135 Fax Number:
E-mail Address:riddlecommerciali.lV.aol.com

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: Lee Humphrey
Company Affiliation: Hobbs, Upchurch & Associates, P.A.
Mailing Address: Post Office Box 1737
Southern Pines, NC 28388

Telephone Number: 910-692-5616 Fax Number: 910-692-7342
E-mail Address:lhumphrevi.lV.hobbsupchurch.com

Page 5 of5

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 II 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: NC Hwv 87 Gray's Creek Water & Sewer Extensions

2. T.I.P. Project Number or State Project Number (NCDOT Only): N/A

3. Property Identification Number (Tax PIN): N/A

4. Location
County: Cumberland Nearest Town: Fayetteville
Subdivision name (include phase/lot number): N/A
Directions to site (include road numbers, landmarks, etc.): Located along NC Highway 87
Between SR2220 and SR2237. Site is 1400 LF south ofSR2220 along Highway 87.

5. Site coordinates, if available (UTM or Lat/Long): 034056'20"N 078050' 52"W
(Note - If project is linear, such as a road or utility line, attach a sheet that separately lists the
coordinates for each crossing of a distinct waterbody.)

6. Property size (acres):

7. Nearest body of water (stream/river/sound/ocean/lake): Cape Fear River

8. River Basin: Cape Fear
(Note - this must be one of North Carolina's seventeen designated major river basins. The
River Basin map is available at http://h10.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: Cleared area under a power line with wooded area to either
side

Page 6 of6

10. Describe the overall project in detail, including the type of equipment to be used:
This proiect shall include the installation of an 18" gravity sewer main and a 16" water main.
The work shall be accomplished primarily with a trackhoe.

11. Explain the purpose of the proposed work: To extend water and sewer service to un-served
customers

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.
N/A

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 work is anticipated.

VI. Proposed Impacts to 'Vaters 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. The applicant must also
provide justification for these impacts in Section VII below. All proposed impacts, permanent
and temporary, must be listed herein, and must be clearly identifiable on an accompanying site
plan. All wetlands and waters, and all streams (intermittent and perennial) must 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 7 of7

1. Provide a written description of the proposed impacts: The proposed wetland impact
consists of excavation to install the new mains regarding the disturbed area back to existing
grade and re-establishing vegetation.

2. Individually list wetland impacts below:

Wetland Impact Area of Located within Distance to
Site Number Type oflmpact* Impact 100-year Floodplain** Nearest Stream Type ofWetland***
(indicate on map) (acres) (yes/no) (linear feet)
1 Water & Scwcr .12 No 0 Isolatcd
Main

*

List each impact separately and identify temporary impacts. Impacts include, but are not limited to: mechanized clearing, grading, fill,
excavation, Ilooding, ditching/drainage, etc. For dams, separately list impacts due to both structure and Ilooding.
100-Year Iloodplains are identified through the Federal Emergency Management Agency's (FEMA) Flood Insurance Rate Maps
(FIRM), or FEMA-approved locallloodplain maps. Maps are available through the FEMA Map Service Center at 1-800-358-9616, or
online at htto://www,kma,f!ov.
List a wetland type that best describes wetland to be impacted (e,g" freshwater/saltwater marsh, forested wetland, beaver pond,
Carolina Bay, bog, etc.) Indicate if wetland is isolated (determination ofisolation to be made by USACE only).

**

***

List the total acreage (estimated) of all existing wetlands on the property: N/ A
Total area of wetland impact proposed: .12 Ac

3. Individually list all intermittent and perennial stream impacts below:

Stream Impact Length of A veragc Width Perennial or
Site Number Typc of Impact* Impact Stream Name** of Stream Intennittent?
(indicate on map) (Iincar fcet) Before Impact (please specify)
1 Water & Sewer 173 UT 2' Perennial
Main

List each impact separately and identify temporary impacts. Impacts include, but are not limited to: culverts and associated rip-rap,
dams (separately list impacts due to both structure and Ilooding), relocation (include linear feet before and after, and net loss/gain),
stabilization activities (cement wall, rip-rap, crib wall, gab ions, ete,), excavation, ditching/straightening, ete. If stream relocation is
proposed, plans and profiles showing the linear footprint for both the original and relocated streams must be included,
** Stream names can be found on USGS topographic maps. If a stream has no name, list as UT (unnamed tributary) to the nearest
downstream named stream into which it Ilows. USGS maps are available through the USGS at 1-800-358-9616, or online at
W\\W,l1<;[~s,gov. Several internet sites also allow direct download and printing of USGS maps (e,g., www.tooo7one.com.
www.maOQl1est.com. etc.).

*

Cumulative impacts (linear distance in feet) to all streams on site: 173'

Page 80f8

4. Individually list all open water impacts (including lakes, ponds, estuaries, sounds, Atlantic
Ocean and any other water of the U.S.) below:

Open Water Impact Area of Name of Water body Type of Water body
Site Number Type of Impact* Impact (if applicable) (lake, pond, estuary, sound,
(indicate on map) (acres) bay, ocean, etc.)
N/A

· List eaeh impact separately and identify temporary impacts. Impacts include, but are not limited to: fill, excavatIOn, dredgIng,
llooding, drainage, bulkheads, etc,

5. 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): D uplands D stream D 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

Size of watershed draining to pond: N/A

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.
Sewer and water main crossings will be perpendicular to the wetland. Existing vegetation will
be restored and existing drainage patterns re-established.

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.

Page 9 of9

USACE - In accordance with the Final Notice of Issuance and Modification of Nationwide
Permits, published in the Federal Register on March 9, 2000, mitigation will be required when
neccssary to ensure that advcrsc effects to the aquatic cnvironmcnt are minimal. Factors
including size and type of proposed impact and function and relative value of the impacted
aquatic resource will be considcred in detcrmining acceptability of appropriate and practicable
mitigation as proposed. Examplcs 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 vegctated buffers to protect open waters such as streams; and replacing losses of
aquatic resource functions and values by creating, restoring, cnhancing, or preserving similar
functions and valucs, preferable in thc same watcrshed.

If mitigation is required for this project, a copy of the mitigation plan must bc attached in order
for USACE or DWQ to consider the application complete for processing. Any application
lacking a required mitigation plan or NCWRP 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/strm!!ide.htm I.

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 eascment, etc.), and a
description of the current site conditions and proposed method of construction. Please attach
a separate sheet if more space is needed.
Utility crossing will be restored to original elevation and vegetation re-established.
Sedimentation and erosion control measures will be implemented to prevent further wetland
impact.

2. Mitigation may also be made by payment into the North Carolina Wetlands Restoration
Program (NCWRP). Please note it is the applicant's responsibility to contact the NCWRP at
[phone] to determine availability and to request written approval of mitigation prior
to submittal of a PCN. For additional information regarding the application process for the
NCWRP, check the NCWRP website at http://h2o.enr.state.nc.us/wrp/index.htm. If use of
the NCWRP is proposed, please check the appropriate box on page three and provide the
following information:

Amount of stream mitigation requested (linear feet): 0
Amount of buffer mitigation requested (square feet): 0
Amount of Riparian wetland mitigation requested (acres): 0
Amount of Non-riparian wetland mitigation requested (acres): 0
Amount of Coastal wetland mitigation requested (acres): 0

Page 10 of 10

IX. Environmental Documentation (required by DWQ)

Does the project involve an expenditure of public (federal/state) funds or the use of public
(federal/state) land?
Yes ~ No D

If yes, does the project require preparation of an environmental document pursuant to the
requirements of the National or North Carolina Environmental Policy Act (NEPAlSEPA)?
Note: If you are not sure whether a NEP AlSEP A document is required, call the SEP A
coordinator at [phone] to review current thresholds for environmental documentation.
Yes D 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 D No D

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.

Will the project impact protected riparian buffers identified within 15A NCAC 2B .0233
(Neuse), l5A NCAC 2B .0259 (Tar-Pamlico), l5A NCAC 2B .0250 (Randleman Rules and
Water Supply Buffer Requirements), or other (please identifY N/A )?
Yes D No ~ If you answered "yes", provide the following information:

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 Multiplier Required
(square feet) Mitigation
I N/A 3
2 1.5
Total

*

Zone I extends out 30 fcct pcrpendieular from near bank of channel; Zone 2 extcnds an
additional 20 fcet from the edge of Zone I.

Page I I of I I

If buffer mitigation is required, please discuss what type of mitigation is proposed (i.e., Donation
of Property, Conservation Easement, Riparian Buffer Restoration / Enhancement, Preservation or
Payment into the Riparian Buffer Restoration Fund). Please attach all appropriate information as
identified within 15A NCAC 2B .0242 or .0260.
N/A

XI. Stormwater (required by DWQ)

Describe impervious acreage (both existing and proposed) versus total acreage on the site.
Discuss storm water controls proposed in order to protect surface waters and wetlands
downstream from the property.
No impervious acreage associated with this proiect.

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.
Non-discharge sewer to be taken to Rockfish Creek WWTP which has capacitv to handle
additional flow.

XIII. Violations (required by DWQ)

Is this site in violation of DWQ Wetland Rules (15A NCAC 2H .0500) or any Buffer Rules?
Yes D No ~

Is this an after-the-fact pem1it application?
Yes D No ~

XIV. 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).
N/A

~ ~ ~II( --,

3- 'Jo - OJ-

Applicant/Agent's Signature Date
(Agent's signature is valid only if an authorization letter from the applicant is provided.)

Page 12 of 12

11
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Hobbs, Upchurch & Associates, P.A.

Consulting Engineers, Surveyors & Land Planners
Southern Pines, North Carolina 2BJB7
300 S.W. Broad Street. Southern Pines. North Carolina 28387
Phone: [phone] - Fax: [phone]

LOCATION MAP
NC HWY 87/ GRAY'S CREEK
WATER AND SEWER ENTENSIONS

-

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PROPOSED 18. PVC
SANITARY SE~

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HWY 87
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WA TER MAIN

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LUMITS OF WETlANDS I
1---173'

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N 34' 56' 20.
W 78' 50' 52.

SCALE
H: 1.~100'
V: 1.~10'

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Hobbs, Upchurch & Associates, P.A.

Consulting Engineers, Surveyors & Land Planners
Southern Pines, North Carolina 28387
300 S.W, Brood Street. Southern Pines, North Carolina 28387
Phone: [phone] - Fox: [phone]

WETLAND CROSSING 11
8EWER MAIN EXTENSION
UNE 8-1

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PROPOSED 18- PVC
SANITARY SEWER

LUMITS OF WETlANDS I
~173'

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N 34' 56' 20-
W 78' 50' 52.

SCALE
H: 1-~100'
V: '--10'

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Hobbs, Upchurch & Associates, P.A.

Consulting Engineers. Surveyors &- Land Planners
Southern Pines, North Carolina 28387
300 S,W. Brood Streel. Southern Pines, North Carolina 28387
Phone: [phone] - tax: [phone]

WETLAND CROSSING 11
WATER MAIN EXTENSION
UNE W-1

//, ..

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

May 5, 2005

DWQ Project # 05-0609
Cumb~rland County
,

Riddle Commercial Properties, Inc.
238 North McPherson Church Road
Fayetteville, NC 28303

Subject Property:

NC Highway 87 Gray's Creek

Approval of 401 Water Quality Certification with Additional Conditions and
Approval of Isolated \Vetlands Permit

To Whom It May Concern:

You have our approval, in accordance with the attached conditions and those listed below, to place fill
within or otherwise impact 0.12 acres of isolated wetlands and 173 feet of streams for the purpose of
water and sewer extension at the subject property, as described\vithin your application dated March 30,
2005 and received by the N.C. Division of Water Quality (DWQ) on April 11, 2005. After reviewing
your application, we have decided that the impacts are covered by General Water Quality Certification
Number(s) 3374 (GC3374). The Certification(s) allows you to use Nationwide Pennit(s) 12 when issued
by the US Army Corps of Engineers (USACE). Also, we have determined that this fill is covered by the
State General Pennit for Impacts to Isolated Wetlands and Isolated Waters (IWGPI00000). In addition,
you should obtain or otherwise comply with any other required federal, state or local pennits before you
go ahead with your project including (but not limited to) Erosion and Sediment Control, and Non-
discharge regulations. Also, this approval to proceed with your proposed impacts or to conduct
impacts to waters as depicted in your application shall expire upon expiration of the 404 or CAMA
Permit. The Isolated Wetlands Permit will expire upon the expiration date ofIWGP100000
(September 30, 2008) or unless othenvise rescinded by the Director of the Division of Water
Quality.

This approval is for the purpose and design that you described in your application. If you change your,
project, you must notify us and you may be required to send us a new application. If the property is sold,
the new owner must be given a copy of this Certification and approval letter and is thereby responsible for
complying with all conditions. If total fills for this project (now or in the future) exceed one acre of
wetland or 150 linear feet of stream, compensatory mitigation may be required as described in 15A
NCAC 2H .0506 (h). This approval requires you to follow the conditions listed in the attached
certification and any ~dditional conditions listed below. ~

The Additional Conditions of the Certification are:

1. Impacts Approved

The following impacts are hereby approved as long as all of the other specific and general
conditions of this Certification (or Isolated Wetland Pennit) are met. No other impacts are
approved including incidental impacts: '

N~'ithCarolina
/Va/llfallll

401 OversighVExpress Review Pennits Unit
1650 Mail Service Center, Raleigh, North Carolina 27699-1650
2321 Crabtree Boulevard, Suite 250, Raleigh. North Carolina 27604
Phone: [phone]/ FAX [phone]/lntemet http://h2o,enr,state,nc,us/ncwetlands

-'

A"

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Riddle Commercial Properties, Inc.
Page 3 of3
May 5, 2005

Violations of any condition herein set forth may result in revocation of this Certification and may result in
criminal and/or civil penalties. The authorization to proceed with your proposed impacts or to conduct
impacts to waters as depicted in your application and as authorized by this Certification and shall expire
upon expiration of the 404 or CAMA Permit shall expire upon expiration ofIWGPIOOOOO (September
30,2008) or unless otherwise rescinded by the Director of the Division of Water Quality..

,
If you do not accept any of the conditions of this Certification (associated with the approved wetland or
stream impacts), you may ask for an adjudicatory hearing. You must act within 60 days of the date that
you receive this letter. To ask for a hearing, send a written petition, which conforms to Chapter 150B of
the North Carolina General Statutes to the Office of Administrative Hearings, 6714 Mail Service Center,
Raleigh, N.C. 27699-6714. This certification and its conditions are final and binding unless you ask for a
hearing.

This letter completes the review of the Division of Water Quality under Section 401 of the Clean Water
Act. If you have any questions, please telephone Cyndi Karoly in the Central Office in Raleigh at 919-
733-9721 or Ken Averitte in the DWQ Fayetteville Regional Office at 910-486-1451.

Sincerely,

~'r~

',Alan W. Klimek, P .E.

A WKJ cbklbs

Enclosures:

GC 3374
Certificate of Completion
IWGPIOOOOO

cc: Lee Humprey, Hobbs, Upchurch & Associates, Post Office Box 1737 Southern Pines, NC 28388
USACE Wilmington Regulatory Field Office
DWQ Fayetteville Regional Office
DLR Fayetteville Regional Office
File Copy
Central Files

Filename: 05-0609 NC Highway 87 Grays Creek (Cumberland) 401

"

wac #3374

UTILITY LINE BACKFILL AND BEDDING CERTIFICATION

GENERAL CERTIFICATION FOR PROJECTS ELIGIBLE
FOR CORPS OF ENGINEERS NATIONWIDE PERMIT NUMBER 12 OR
REGIONAL PERMIT 198100049 (UTILITY LINE BACKFILL AND BEDDING)
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 wetland areas
as described in 33 CFR 330 Appendix A (B) (12) and General Permit No. 198100049 of the Corps of Engineers
regulations (i.e., including any fill activity for utility line backfill and bedding) and for the Riparian Area Protection Rules
(Buffer Rules) in 15A NCAC 2B .0200. This certification replaces Water Quality Certification (WQC) Number 2664
issued on January 21, 1992, Water Quality Certification Number 3022 issued on September 6, 1995, Water Quality
Certification (WQC) Number 3101 issued on February 11, 1997 and Water Quality Certification Number 3288 issued
on June 1, 2000. This WQC is rescinded when the Corps of Engineers reauthorize Nationwide 12 or Regional Permit
198100049 or when deemed appropriate by the Director of the Division of Water Quality.

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. Activities covered by this General Certification do not require written concurrence from the Division of Water
Quality as long as they comply with all conditions of this General Certification and the conditions of Nationwide
12 or Regional Permit 198100049 as appropriate. If any condition in this Certification cannot be met,
application to and written concurrence from DWQ are required. Also, Condition NO.6 is applicable to all
streams in basins with riparian area protection rules;

2. In accordance with North Carolina General Statute Section 143-215,3D(e), any request for written
concurrence for a 401 Water Quality Certification must include the appropriate fee. If a project also requires a
CAMA Permit, one payment to both agencies shall be submitted and will be the higher of the two fees;

3. In accordance with 15A NCAC 2H .0506 (h) compensatory mitigation may be required for stream and/or
wetland impacts. Streamside buffer mitigation may be required for any project with 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 by DWQ for any Certification involving
written concurrences including those for relevant Buffer Rules;

4. The edge of the construction corridor shall not be installed parallel to and closer than 10 feet (3 meters) to a
stream and 25 feet in waters classified as HQW. Utility lines shall not cross a stream channel at other than a
near-perpendicular direction (Le., stream channel crossings shall not be at an angle of less than 75 degrees
or more than 105 degrees to the stream bank);

5. Any wastewater line that crosses any stream shown on the most recent version of the 1 :24,000 USGS
topographic map or NRCS (SCS) County Soil Survey as permanent or intermittent shall be installed with no
joints connected within the footprint of a stream channel or within 2 feet of the stream banks. Otherwise,
written concurrence from DWQ is required;

6. Impacts to any stream length in the Neuse, Tar-Pamlico, Randleman and Catawba River Basins (or any other
river basins with Buffer Rules in effect at the time of application) requires written concurrence from DWQ in
accordance with 15A NCAC 2B.0233, .0259, .0250 and .0243. 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, Tar-
Pamlico and Randleman River Basins shall be limited to "uses" identified within and constructed in accordance
with 15A NCAC 2B .0233, .0259, .0250 and .0243. All new development shall be located, designed,

1

wac #3374

17. This General Certification does not authorize any permanent changes in pre-construction elevation contours
in waters or wetlands or stream dimension, pattern or profile. The permittee will have a specific plan for
restoring wetland contours. Any excess material will be removed to a high ground disposal area;

18. 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;

19. Stormwater management will not be required for this Certification as long as all other Conditions are met.
However, in the twenty coastal counties, the appropriate DWQ Regional Office must be contacted to
determine if Coastal Stormwater Regulations still apply;

20. Compensatory mitigation (Le., restoration, creation or preservation) for wetland losses will not be required for
this Certification if written concurrence is not needed;

21. Payment of a dollar per acre figure into the Wetland Restoration Program for these impacts is acceptable
when compensatory mitigation is required as long as the Wetlands Restoration Program agrees in writing to
accept this payment. Other mitigation plans must receive written DWQ concurrence;

22. This Certification does not relieve the applicant of the responsibility to obtain all other required Federal, State
or local approvals; ,

23. Additional site-specific conditions may be added to projects for which written concurrence is required or
requested under this Certification in order to ensure compliance with all applicable water quality and effluent
\
standards; \ .

\
24. 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 12 or Regional Permit 198100049 whichever is sooner;

25. 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.

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: 18 March 2002

DIVISION OF WATER QUALITY
By

Gregory J. Thorpe, Ph.D.
Acting Director

WQC # 3374

3

Certificate of Completion

DWQ Project No.:

County:

Applicant:

Project Name:

Date of Issuance of 401 Water Quality Certification:

Upon completion of all work approved within the 401 Water Quality Certification and Buffer Rules, and any
subsequent modifications, the applicant is required to return this certificate to the 401/Wetlands Unit, North
Carolina Division of Water Quality, 1650 Mail Service Center, Raleigh, NC, 27699-1650. This form may be
returned to DWQ by the applicant, the applicant's authorized agent, or the project engineer. It is not
necessary to send certificates from all of these.

Applicant's Certification

I, , hereby state,that, to the best of my abilities, due care and
diligence was used in the observation of the construction such that the construction was observed to be built
within substantial compliance and intent of the 401 Water Quality Certification and Buffer Rules, the
approved plans and specifications, and other supporting materials.

Signature:

Date:

Agent's Certification

I, , hereby state that, to the best of my abilities, due care and
diligence was used in the observation of the construction such that the construction was observed to be built
within substantial compliance and intent of the 401 Water Quality Certification and Buffer Rules, the
approved plans and specifications, and other supporting materials.

Signature:

Date:

If this project was designed by a Certified Professional

I, , as a duly registered Professional (Le.,
Engineer, Landscape Architect, Surveyor, etc.) in the State of North Carolina, having been authorized to
observe (periodically, weekly, full time) the construction of the project, for the Permittee hereby state that,
to the best of my abilities, due care and diligence was used in the observation of the construction such that
the construction was observed to be built within substantial compliance and intent of the 40 1 Water Quality
Certification and Buffer Rules, the approved plans and specifications, and other supporting materials.

Signature:

Registration No.:

Date:

IYJ

Hobbs, Upchurch
& Associates. P.A.
Consulting Engineers

TRANSMITTAL

P.O. Box 1737
I 300 S.IV. Broad Street
duthern Pines, North Carolina 28387
[phone] FAX [phone]

TO:

Division of Water Quality
401IWetlands Unit
1650 Mail Service Center
Raleigh, NC 27699-1650

HUA PROJECT #

CU0501

FROl\I:

Lee Humphrey
Hobbs, Upchurch & Associates, P.A.
December 16,2004

HUA FILE NO. #

CU0501

DATE:

RE:

NC Ihvy 87 Gray's Creek Water and Sewer Extensions
PCN Permit Application

MESSAGE:
Please find enclosed seven copies ofthe permit application for your review along with the
fee check of $200.00. If you have any questions, please contact this office.

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